Buckley, Benjamin F. Butler, Cake, Callis, Reader W. YEAS-Messrs. Allison, Ames, Banks, Beaman, Beatty, | Banks, Benton, Blackburn, Boles, Bontwell, Bowen, The resolution was then taken up, and concurred in. PROCEEDINGS UNDER THIS RESOLUTION. On Wednesday, February 10, the two houses met in the Hall of the House for the purpose of opening and counting the votes for President and Vice President. The President of the Senate then proceeded to open the certificates of the electors of the several States, authorized to be represented in the electoral college,* for President and Vice President. Upon the certificate of the electors of Louisiana being read Mr. Mullins objected to the counting of the vote of Louisiana, upon the ground that no valid election of electors had been held in said State. The SENATE withdrew, and voted That the votes of the electors of the State of Louisiana be counted-yeas 51, nays 7, as fol low: YEAS-Messrs. Abbott, Anthony, Buckalew, Cameron, Cattell, Cole, Conkling, Conness, Corbett, Cragin, Davis, Dixon, Doolittle, Drake, Edmunds, Ferry, Fessenden, Fowler, Frelinghuysen, Grimes, Harlan, Harris, Hendricks, Howe, Kellogg, McCreery, McDonald, Morgan, Morrill of Vermont, Osborn, Patterson of New Hampshire, Patterson of Tennessee, Pool, Ramsey, Rice, Ross, Saulsbury, Sawyer, Sherman, Spencer, Sprague, Stewart, Tipton, Trumbull, Van Winkle, Vickers, Warner, Whyte, Willey, Williams, Yates-51. NAYS-Messrs. Chandler, Howard, Nye, Robertson, Sumner, Thayer, Wilson-7. The HOUSE Voted to count the vote of Louisiana--yeas 137, nays 63, not voting 22, as follow: YEAS-Messrs. Allison, Ames, Axtell, Baker, Barnes, Barnum, Beaman, Beatty, Beck, Benjamin, Bingham, Blaine, Blair, Boyden, Boyer, Bromwell, Brooks, Broomall, Buckland, Burr, Roderick R. Butler, Cary, Chanler, Churchill, Coburn, Cullom, Delano, Deweese, Dickey, Dixon, Dockery, Dodge, Eggleston, Eldridge, Farnsworth, Ferriss, Ferry, Garfield, Getz, Glossbrenner, Golladay, Gove, Gravely, Grover, Haight, Halsey, Hawkins, Heaton, Higby, Hill, Holman, Hooper, Hopkins, Hotch kiss, Asahel W. Hubbard, Humphrey, Ingersoll, Jenckes, Johnson, Alexander H. Jones, Thomas L. Jones, Judd, Kelley, Kellogg, Kerr, Ketcham, Kitchen, Knott, Koontz, Laflin, Lash, George V. Lawrence, William Lawrence, Lincoln, Logan, Loughridge, Mallory, Marshall, Marvin, McCarthy, McCormick, McCullough, Miller, Moore, Moorhead, Mungen, Newcomb, Niblack, Nicholson, Norris, Nunn, Peters, Phelps, Pike, Pile, Plants, Poland, Polsley, Price, Pruyn, Randall, Raum, Robertson, Ross, Sawyer, Schenck, Scofield, Selye, Shellabarger, Sitgreaves, Smith, Spalding, Stark weather, Stewart, Stokes, Stone, Taber, Taffe, Taylor, Thomas, Tift, John Trimble, Trowbridge, Twichell, Van Auken, Burt Van Horn, Van Trump, Ellihu B. Washburne, William B. Washburn, Welker, James F. Wilson, John T. Wilson, Windom, Wood, Woodbridge, Woodward, Young-137. NAYS-Messrs. Delos R. Ashley, James M. Ashley, For law governing this point, see Political Manual for 1868, p. 119, or Hand Book of Politics for 1868, p. 397. The SENATE returned, and the vote of Louisiana was then counted. The certificates of all the States except Georgia having been read, and that of Georgia having been read, Mr. Benjamin F. Butler submitted the following objection to counting the vote of Georgia: First. I object, under the joint rule, that the vote of the State of Georgia for President and Vice President ought not to be counted, and object to the counting thereof because, among other things, the vote of the electors in the elec toral college was not given on the first Wednesday of December, as required by law, and no excuse or justification for the omission of such legal duty is set forth in the certificate of the action of the electors. Second. Because, at the date of the election of said electors, the State of Georgia had not been admitted to representation as a State in Congress since the rebellion of her people, or become entitled thereto. Third. That at said date said State of Georgia had not fulfilled, in due form, all the requirements of the Constitution and laws of the United States known as the "reconstruction acts," so as to entitle said State of Georgia to be represented as a State in the Union in the electoral vote of the several States in the choice of President and Vice-President. Fourth. That the election pretended to have been held in the State of Georgia, on the first Tuesday of November last past, was not a free, just, equal, and fair election, but the people of the State were deprived of their just ights therein by force and fraud. The SENATE withdrew; and voted That, under the special order of the two Houses respecting the electoral votes from the State of Georgia, the objections made to the counting of the electors for the State of Georgia are not in order-yeas 31, nays 26, as follow: YEAS-Messrs. Abbott, Anthony, Buckalew, Cattell, Conness, Corbett, Cragin, Davis, Dixon, Doclittle, Ed munds, Fowler, Frelinghuysen, Grimes, Hendricks, Kellogg, McCreery, Morrill of Maine, Morrill of Vermont, Morton, Patterson of New Hampshire, Patterson of Tennessee, Ross, Saulsbury, Sawyer, Sherman, Sprague, Stewart, Tipton, Vickers, Whyte, Williams-31. NAYS-Messrs. Cameron, Chandler, Cole, Conkling, Drake, Ferry, Fessenden, Harlan, Harris, Howe, Mc Donald, Morgan, Nye, Pool, Ramsey, Rice, Robertson, Spencer, Sumner, Thayer, Trumbull, Van Winkle, Wade, Warner, Willey, Yates-26. Mr. Howard offered this resolution : Resolved, That the electoral vote of Georgia ought not to be counted. Which, being entertained as in order, was disagreed to-yeas 25, nays 34, as follow: YEAS-Messrs. Abbott, Cameron, Chandler, Cole, Conkling, Drake, Harlan, Harris, Howard, Howe, Kellogg, McDonald, Nye, Osborn, Ramsey, Rice, Robertson, Sawyer, Spencer, Stewart, Sumner, Thayer, Wade, Wilson, Yates-25. NAYS-Buckalew, Conness, Corbett, Cragin, Davis, Dixon, Doolittle, Edmunds, Ferry, Fessenden, Fowler, The House voted on the question, Shall the vote of Georgia be counted? Yeas 41, nays 150, (not voting 31,) as follow: YEAS-Messrs Axtell, Baker. Barnes, Barnum. Beck, Boyer, Brooks, Burr, Cary, Chanler, Eldridge, Farnsworth, Getz Glossbrenner, Golladay, Grover, Haight, Hawkins, Holman, Hotchkiss, Humphrey, Johnson. T. L. Jones. Kerr, Knott, Marshall, McCormick, Mungen, Nicholson, Phelps, Pruyn, Randall, Ross. Sitgreaves, Taber, Tift, Van Auken, Van Trump, Wood, Woodward, Young-41. NAYS-Messrs. Allison, D. R. Ashley, J. M. Ashley, Baldwin, Banks, Beaman. Beatty, Benjamin, Benton, Bingham, Blaine, Blair, Boles, Boutwell, Bowen, Boyden, Bromwell, Broomall, Buckland, Buckley, Benj. F. Butler, Roderick R. Butler, Cake, Callis, Churchill, Reader W. Clarke. Sidney Clarke, Clift, Cobb, Coburn, Corley, Covode, Cullom, Dawes, Deweese, Dickey, Dixon, Dodge, Donnelly, Driggs, Eckley, Edwards, Eggleston, Ela, Thomas D. Eliot, James T. Elliott, Ferriss, Ferry, Fields, French, Garfield, Goss, Gove, Gravely, Halsey, Hamilton, Harding, Haughey, Heaton, Higby, Hill, Hooper, Hopkins, Chester D. Hubbard, Hulburd, Hunter, Ingersoll, Jenckes, Alexander H. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, Ketcham, Kitchen, Koontz, Laflin, Lash, George V. Lawrence, William Lawrence, Lincoln, Loan, Logan, Loughridge, Mallory, Marvin, Maynard, McCarthy, McKee, Miller, Moore, Moorhead, Morrell, Mullins, Newcomb, Newsham, Norris, O'Neill, Orth, Paine, Perham, Peters, Pettis, Pierce, Pike, Pile, Plants, Poland, Polsley, Price, Prince, Raum, Robertson, Roots, Sawyer, Schenck, Scofield, Selye, Shanks, Shellabarger, Starkweather, Stevens, Stewart, Stokes, Stover, Sypher, Taffe, Taylor, Thomas, Trimble, Trowbridge, Twichell, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Van Wyck, Vidal, Ward, Ellihu B. Washburne, Henry D. Washburn, William B. Washburn, Welker, Whittemore, Thomas Williams, James F. Wilson, John T. Wilson, Stephen F. Wilson, Windom-150. The SENATE returned, and the vote of Georgia was counted in the manner provided by the concurrent resolution, and Ulysses S. Grant was declared duly elected President, and Schuyler Colfax Vice-President of the United States for four years, commencing on the 4th day of March, 1869. For the Further Security of Equal Rights in the March 16-The HOUSE passed it—yeas 111, The bill was approved by President Grant, BILL TO STRENGTHEN THE PUBLIC CREDIT. any IN HOUSE. 1869, February 24-This bill passed: AN ACT to strengthen the public credit, and relating to contracts for the payment of coin. Be it enacted, &c., That in order to remove doubt as to the of the Government purpose to discharge all just obligations to the public. creditors, and to settle conflicting questions and interpretations of the laws by virtue of which such obligations have been contracted, it is hereby provided and declared, that the faith of the United States is solemnly pledged to the payment in coin, or its equivalent, of all the interest-bearing obligations of the United States, except in cases where the law authorizing the issue of any such obligation has expressly provided that the same may be paid in lawful money or other currency than gold and silver: Provided, however, That before any of said inFORTIETH CONGRESS, THIRD SESSION. terest-bearing obligations not already due shall Be it enacted, &c., That the word white," mature, or be paid before maturity, the obliga wherever it occurs in the laws relating to the tions not bearing interest, known as United District of Columbia, or in the charter or ordi-States notes, shall be made convertible into coin nances of the cities of Washington or Georgetown, and operates as a limitation on the right of any elector of such District, or of either of the cities, to hold any office, or to be selected and to serve as a juror, be, and the same is hereby, repealed; and it shall be unlawful for any person or officer to enforce or attempt to enforce said limitation after the passage of this act. IN HOUSE. 1869, February 11-The Senate passed the following bill without division: at the option of the holder. SEC. 2. That any contract hereafter made specifically payable in coin, and the consideration of which may be a loan of coin, or a sale of property, or the rendering of labor or service of any kind, the price of which, as carried into the contract, may have been adjusted on the basis of the coin value thereof at the time of such sale or the rendering of such service or labor, shall be legal and valid, and may be enforced according to its terms; and on the trial of a suit brought for the enforcement of any such contract, proof of the real consideration may be given. Yeas 121, nays 60, (not voting 41,) as follow: YEAS-Messrs. Allison, Ames, Anderson, Arnell, Delos R. Ashley, James M. Ashley, Axtell, Baldwin, Banks, Barnum, Beaman, Benjamin, Benton, Blackburn, Blaine, | Barnes, Barnum, Beaman, Benjamin, Blackburn, Blair, Boyden, Boyer, Brooks, Broomall, Buckley. Roder- Pending the passage, Mr. Niblack moved to strike out the first section, which was lost-yeas 54, nays 130, (not voting 38,) as follow: YEAS-Messrs. Archer, Baker, Barnes, Beatty, Beck, Bowen, Burr, Roderick R. Butler, Cobb, Coburn, Deweese, Donnelly, Eggleston, Ela, Eldridge, Farnsworth, Fox, Getz, Golladay, Goss, Gravely, Grover, Haight, Hawkins, Holman, Hopkins, Humphrey, Hunter, Ingersoll, Johnson, Thomas L. Jones, Kerr, Knott, Loan, Marshall, McCormick, Mungen, Niblack, Orth, Pike, Pruyn, Ross, Shanks, Stevens, Stokes, Stone, Taffe, Tift, Van Auken, Van Trump, Henry D. Washburn, John T. Wilson, Wood, Young-54. NAYS-Messrs. Allison, Ames, Anderson, Arnell, Delos R. Ashley, James M. Ashley, Axtell, Baldwin, Banks, Barnum, Beaman, Benjamin, Benton, Bingham, Blackburn, Blaine, Blair, Boutwell, Boyden, Boyer, Bromwell, Brooks, Broomall, Buckley, Cake, Chanler, Churchill, Reader W. Clarke, Sidney Clarke, Clift, Corley, Cornell, Covode, Cullom, Delano, Dickey, Dixon, Dockery, Dodge, Driggs, Eckley, Thomas D. Eliot, James T. Elliott, Ferriss, Ferry, Fields, Glossbrenner, Gove, Griswold, Halsey, Harding, Heaton, Higby, Hill, Hooper, Hotchkiss, Chester D. Hubbard, Richard D. Hubbard, Hulburd, Jenckes, Alexander H. Jones, Judd, Julian, Kelley, Kellogg, Kelsey, Ketcham, Kitchen, Koontz, Laflin, Lash, George V. Lawrence, William Lawrence, Logan, Lynch, Mallory, Marvin, Maynard, McKee, Mercur, Miller, Moore, Moorhead, Mullins, Myers, Newsham, Norris, O'Neill, Paine, Perham, Peters, Pettis, Phelps, Pierce, Pile, Plants, Poland, Pomeroy, Price, Prince, Raum, Robertson, Roots, Sawyer, Schenck, Scofield, Shellabarger, Smith, Spalding, Starkweather, Stewart, Stover, Taber, Taylor, Thomas, Trimble, Trowbridge, Twichell, Upson, Van Aernam, Burt Van Horn, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Whittemore, Thomas Williams, William Williams, James F. Wilson, Windom-130. February 26-The bill was reported back from the Committee on Finance, amended so as to read as follows: AN ACT relating to the public debt. Be it enacted, &c., That in order to remove any doubt as to the purpose of the Government to discharge all just obligations to the public creditors, and to settle conflicting questions and interpretations of the laws by virtue of which such obligations have been contracted, it is hereUnited States is solemnly pledged to the payby provided and declared, that the faith of the ment in coin, or its equivalent, of all the obligaions of the United States, except in cases where the law authorizing the issue of any such obligation has expressly provided that the same may be paid in lawful money or other currency than gold and silver. SEC. 2. That any contract hereafter made specifically payable in coin, and the consideration of which may be a loan of coin, or a sale of property, or the rendering of labor or service of any kind, the price of which, as carried into the contract, may have been adjusted on the basis of the coin value thereof at the time of such sale or the rendering of such service or labor, shall be legal and valid, and may be enforced according to its terms. February 27-Mr. Henderson moved to amend the first clause of the second section by making it read as follow: That any contract hereafter made specifically payable in coin shall be legal and valid, and may be enforced according to its terms. Which was not agreed to-yeas 10, nays 35, as follow: senden, Henderson, Pomeroy, Ross, Stewart, TrumYEAS-Messrs. Cole, Conkling, Corbett, Dixon, Fes bull-10. NAYS-Messrs. Abbott, Anthony, Cameron, Cattell, Chandler, Conness, Cragin, Davis, Doolittle, Drake, Edsec-munds, Ferry, Frelinghuysen, Harlan, Howe, Kellogg, Morton, Nye, Osborn, Patterson of New Hampshire, McCreery, McDonald, Morgan, Morrill of Vermont, Ramsey, Rice, Sawyer, Sherman, Sumner, Thayer, Wade, Welch, Willey, Williams, Wilson-35. Mr Allison moved to strike out the second tion. which was lost-yeas 72, nays 100, (not voting 50,) as follow: YEAS-Messrs. Allison, Baker, Beatty, Beck, Benton, Bowen, Bromwell, Benjamin F. Butler, Cake, Clift, Cobb, Coburn, Cook, Cornell, Cullom, Deweese, Dickey, Donnelly, Eckley, Ela, Eldridge, Farnsworth, Ferriss, Ferry, For, Golladay, Goss, Gravely, Hawkins, Holman, Hooper. Hopkins, Hunter, Ingersoll, Kelley, Kelsey, Knott, Koontz, William Lawrence, Loan, Loughridge, Lynch, Maynard. Miller, Moore, Morrell, Mullins, Mungen, Myers, Niblack, Nunn, O'Neill, Orth, Peters, Robertson. Ross, Sawyer, Shanks, Shellabarger, Smith, Stevens, Stokes, Taffe, Thomas, Tift, Upson, Van Trump, Henry D. Washburn, Thomas Williams, William Williams, John T. Wilson. Young-72. NAYS-Messrs. Ames. Anderson, Archer, Arnell, Delos R. Ashley, James M. Ashley, Axtell, Baldwin, Banks, Mr. Bayard moved to strike out the second section, which was not agreed to-yeas 7, nays 36, as follow: YEAS-Messrs. Chandler, Cole, Davis, Doolittle, Fowler, Howe, Wade-7. NAYS-Messrs. Abbott, Anthony, Cameron, Cattell, Conkling, Conness, Corbett, Cragin, Dixon, Drake, Edmunds, Ferry, Fessenden, Frelinghuysen, Harlan, Kellogg, McCreery, McDonald, Morgan, Morrill of Ver mont, Morton, Nye, Osborn, Patterson of New Hamp shire, Pomeroy, Ramsey, Ross, Sherman, Stewart, Sumner, Thayer, Trumbull, Welch, Willey, Williams, Wilson-36. Mr. Henderson moved to amend the first sec- | tion so as to make it read as follows: That it is hereby provided and declared that the faith of the United States is solemnly pledged to an early resumption of specie payment by the Government in order that conflicting questions touching the mode of discharging the public indebtedness may be settled and that the same may be paid in gold. Which was not agreed to-yeas 8, nays 34, as follow: YEAS-Messrs. Cole, Davis, Henderson, Morton, Pomeroy, Robertson, Ross, Spencer-8. NAYS-Anthony, Cattell, Conkling, Conness, Corbett, Cragin, Dixon, Edmunds, Ferry, Fessenden, Frelinghuysen, Grimes, Harlan, Harris, Howard, McDonald, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Osborn, Patterson of New Hampshire, Sawyer, Sherman, Stewart, Sumner, Thayer, Tipton, Wade, Warner, Welch, Willey, Williams, Wilson-34. The bill, as amended by the report of the Committee on Finance, was then passed-yeas 30, nays 16, as follow: YEAS-Messrs. Abbott, Cattell, Conkling, Conness, Corbett, Cragin, Dixon, Edmunds, Ferry, Fessenden, Frelinghuysen, Grimes, Harlan, Harris, Howard, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Patterson of New Hampshire, Robertson, Sawyer, Sherman, Stewart, Sumner, Thayer, Tipton, Willey, Williams, Wilson-30. NAYS-Messrs. Cole, Davis, Doolittle, Fowler, Henderson, Hendricks, McCreery, McDonald, Morton, Osborn, Patterson of Tennessee, Pomeroy, Ross, Spencer, Wade, Welch-16. The title was amended so as to read "An act in relation to the public debt." March 2-The House non-concurred in the amendments of the Senate, and a committee of conference (Messrs. Schenck, Allison, and Niblack) appointed. Same day-The Senate insisted on its amendments, and appointed Messrs. Sherman, Williams, and Morton a conference committee. March 3-The committee reported the following bill: AN ACT to strengthen the public credit, and relating to contracts for the payment of coin. ble period for the redemption of the United States notes in coin. SEO. 2. That any contract hereafter made specifically payable in coin, and the consideration of which may be a loan of coin, or a sale of property, or the rendering of labor or service of any kind, the price of which, as carried into the contract, may have been adjusted on the basis of the coin value thereof at the time of such sale or the rendering of such service or labor, shall be legal and valid, and may be enforced according to its terms; and on the trial of a suit brought for the enforcement of any such contract, proof of the real consideration may be given. Same day-The Senate agreed to the reportyeas 31, nays 24, as follow: YEAS-Messrs. Abbott, Anthony, Cameron, Cattell, Chandler, Conkling, Conness, Corbett, Cragin, Dixon, Drake, Edmunds, Ferry, Fessenden, Frelinghuysen, Harris, Howard, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Patterson of New Hampshire, Ramsey, Sherman, Stewart, Sumner, Trumbull, Van Winkle, Warner, Willey, Williams-31. NAYS-Messrs. Bayard, Buckalew, Cole, Davis, Doolittle, Fowler, Hendricks, Kellogg, McCreery, McDonald, Morton, Norton, Osborn, Patterson of Tennessee, Robertson, Ross, Sawyer, Spencer, Sprague, Thayer, Tipton, Vickers, Wade, Whyte-24. Same day-The House adopted the reportyeas 117, nays 59, (not voting 48,) as follow: YEAS-Messrs. Allison, Ames, Arnell, Delos R. Ashley, James M. Ashley, Axtell, Bailey, Barnes, Barnum, Beaman, Benjamin, Benton, Bingham, Blair, Boutwell, Bowen, Boyden, Brooks, Broomall, Buckley, Cake, Callis, Chanler, Churchill, Reader W. Clarke, Sidney Clarke, Clift, Corley, Cornell, Cullom, Dawes, Dickey, Dixon, Dodge, Eckley, Thomas D. Eliot, James T. Elliott, Ferriss, Ferry, Fields, Garfield, Gove, Griswold, Halsey, Haughey, Heaton, Higby, Hill, Hooper, Hotchkiss, Richard D. Hubbard, Hulburd, Jenckes, Alexander H. Jones, Judd, Julian, Kellogg, Kelsey, Ketcham, Laflin, Lash, George V. Lawrence, Lincoln, Logan, Lynch, Mallory, Marvin, Maynard, McCarthy, McKee, Mercur, Miller, Moore, Moorhead, Morrell, Mullins, Myers, Newsham, Norris. O'Neill, Paine, Perham, Peters, Phelps, Pile, Plants, Poland, Price, Prince, Raum, Robertson, Robinson, Roots, Sawyer, Schenck, Scofield, Shellabarger, Smith, Starkweather, Stevens, Stewart, Stover, Sypher, Taber, Taylor, Trowbridge, Twichell, Upson, Burt Van Horn, Van Wyck, Ward, Cadwalader C. Washburn, William B. Washburn, Welker, Whittemore, James F. Wilson, Woodbridge-117. NAYS-Messrs. Adams, Archer, Baker, Beatty, Beck, Boyer, Bromwell, Burr, Benjamin F. Butler, Roderick R. Butler, Cary, Cobb, Coburn, Cook, Deweese, Dockery, Donnelly, Eggleston, Eldridge, Farnsworth, Getz, Golladay, Goss, Haight, Harding, Hawkins, Holman, Hopkins, Hunter, Ingersoll, Johnson, Thomas L. Jones, Kerr, Knott, William Lawrence, Marshall, McCormick, McCullough, Mungen, Niblack, Orth, Pruun, Randall, Ross, Shanks, Sitgreaves, Stone, Thomas, Tift, Trimble, Van Aernam, Van Auken, Van Trump, Henry D. Washburn, William Williams, Stephen F. Wilson, Wood, Woodward, Young-59. The President (Johnson) "pocketed" the bill. [For other votes on this subject in first session, Forty-First Congress, see a subsequent chapter.] Be it enacted, &c., That in order to remove any doubt as to the purpose of the Government to discharge all just obligations to the public creditors, and to settle conflicting questions and interpretations of the laws by virtue of which such obligations have been contracted, it is hereby provided and declared, that the faith of the United States is solemnly pledged to the payment in coin, or its equivalent, of all the obligations of the United States not bearing interest, known as United States notes, and of all the interest-bearing obligations of the United States, except in cases where the law authorizing the issue of any such obligation has expressly provided that the same may be paid in lawful money or other currency than gold and silver. But none of said interest-bearing obligations not already due shall be redeemed or paid before maturity, unless at such time United States notes shall be convertible into coin at the option of the holder, or unless at such time bonds of the United States bearing a lower rate of interest than the bonds to be redeemed can be sold at par in coin. And the United States also solemnly pledges its faith to make provision at the earliest practica-Politics, pp. 176, 177. TENURE-OF-OFFICE ACT. Fortieth Congress, Third Session. IN HOUSE. 1869, January 11-A bill to repeal an act regulating the tenure of certain civil offices, passed March 2, 1867,* was introduced by Mr. H. D. Washburn, and read a first and second time. The previous question on the engrossment of the For copy of the act, and votes on passage, see Political Manual for 1867, pp. 50, 51; and Hand Book of bill was ordered-yeas 116, nays 47; and the bill was ordered engrossed, and was read a third time. It was then passed-yeas 121, nays 47, not voting 53, as follow: to fill such office; and in case of such suspension, it shall be the duty of the President, within twenty days after the first day of such next meeting of the Senate, to report to the Senate such suspenYEAS-Messrs. Allison, Anderson, Axtell, Bailey, Bald- sion, with the name of the person so designated win, Banks, Barnum, Beaman, Beck, Bingham, Blaine, to perform the duties of such office; and if the Blair, Boutwell, Bowen, Boyden, Buckley, Burr, Benjamin F. Butler, Roderick R. Butler, Callis, Cary, Chan- Senate shall concur in such suspension, and adler, Reader V. Clarke, Sidney Clarke, Clift, Cobb, Coburn, vise and consent to the removal of such officer, Cook, Corley, Cornell, Cullom, Dawes, Deweese, Dixon, they shall so certify to the President, who may Driggs, Eckley, Eldridge, Thomas D. Eliot, Fields, Fox, Getz, Glassbrenner, Golladay, Goss, Gove, Griswold, thereupon remove such officer, and, by and with Grover, Haight, Halsey, Haughey, Heaton, Hooper, the advice and consent of the Senate, appoint Hopkins, Hotchkiss, Humphrey, Hunter, Ingersoll, John another person to such office; but if the Senate son, Alexander H. Jones, Thomas L. Jones, Judd, shall refuse to concur in such suspension the Julian, Kelley, Kellogg, Kerr, Ketcham, Knott, Lash, George V. Lawrence, Lincoln, Loughridge, Mallory, officer so suspended shall forthwith resume the Marvin, McCormick, McCullough, Miller, Mungen, New-functions of his office, and the powers of the percomb, Niblack, Nicholson, Norris, O'Neill, Paine, Peters, Pettis, Phelps, Plants, Price, Prince, Robertson, Robinson so performing its duties in his stead shall son, Roots, Sawyer, Scofield, Sitgreaves, Spalding, Stark- cease; and the official salary and emoluments of weather, Stevens, Stewart, Stone, Stover, Sypher, Taber, such officer shall during such suspension belong Thomas, Tift, Trimble, Trowbridge, Twichell, Van Auken, Van Trump, Vidal, Ellihu B. Washburne, Henry to the person so performing the duties thereof D. Washburn, William Williams, James F. Wilson, and not to the officer so suspended: Provided, John T. Wilson, Stephen F. Wilson, Windom, Wood- however, that the President may, in his discre bridge, Woodward, Young-121. NAYS-Messrs. Ames, Arnell, Delos R. Ashley, Baker, tion, before reporting such suspension to the Beatty, Benjamin, Benton, Boles, Bromwell, Buckland, Senate as above provided, revoke the same, and Churchill, Delano, Ela, Farnsworth, Ferriss, French, reinstate such officer in the performance of the Garfield, Harding, Higby, Jenckes, Kelsey, Kitchen, duties of his office. Laflin, Maynard, McCarthy, McKee, Mercur, Moore, Moorhead, Morrell, Mullins, Newsham, Perham, Pike, Poland, Polsley, Pomeroy, Schenck, Shanks, Shellabarger, Stokes, Taffe, John Trimble, Upson, Ward, Welker, Whittemore-47. "SEC.. That no person shall hold nor shall he receive salary or compensation for performing the duties of more than one office or place of NOT VOTING-Messrs. Adams, Archer, James M. Ashley, trust or profit under the Constitution or laws of Barnes, Blackburn, Boyer, Brooks, Broomall, Cake, Co- the United States at the same time, whether such vode, Dickey, Dockery, Dodge, Donnelly, Edwards, Eggleston, Ferry, Gravely, Hamilton, Hawkins, Hill, office or place be civil, military, or naval; and Holman, Asahel W. Hubbard, Chester D. Hubbard, any person holding any such office or place who Richard D. Hubbard, Hulburd, Koontz, William Law- shall accept or hold any other office or place of rence, Loan, Logan, Lynch, Marshall, Morrissey, Myers, Nunn, Orth, Pierce, Pile, Pruyn, Randall, Raum, Ross, trust or profit under the Constitution or laws of Selve, Smith, Taylor, Van Aernam, Burt Van Horn, the United States shall be deemed to have vaRobert T. Van Horn, Van Wyck, Cadwalader C. Wash-cated the office or place which he held at the time burn, William B. Washburn, Thomas Williams, Wood— 53. IN SENATE. No direct vote was reached on the above bill in the Senate. And pending the legislative appropriation bill March 2-Mr. Morton moved as an additional section the House repealing bill. Mr. Sumner offered the following substitute for that amendment: That the first section of the act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, is hereby amended so as to read as follows: "That every person holding any civil office to which he has been appointed by and with the advice and consent of the Senate, and every person who shall hereafter be appointed to any such office and shall become duly qualified to act therein, is and shall be entitled to hold such office until a successor shall have been in like manner appointed and duly qualified, except as herein otherwise provided. "SEC.. That the second section of such act is hereby amended so as to read as follows: That it shall be lawful for the President, whenever, during a recess of the Senate, in his opinion the public good shall require it, to suspend any officer appointed as aforesaid, excepting judges of the United States courts and to designate some suitable person to perform temporarily the duties of such office until the next meeting of the Senate, and until the matter shall be acted upon by the Senate; and such person so designated shall take the oaths and give the bonds required by law to be taken and given by the person duly appointed of such acceptance. "SEC.-. That nothing in the foregoing section shall be construed to prevent such designations or appointments of officers to perform tempo rarily the duties of other officers as are or may be authorized by law, nor to prevent such appointments or designations to office or duty as are required by law to be made from the army or navy. "SEC.. That the penalties provided in the act to which this is an amendment shall apply to violations of this act. Which was not agreed to-yeas 17, nays 32, as follow: YEAS-Messrs. Chandler, Conkling, Cragin, Harlan, Harris, Howard, Howe, Morrill of Maine, Morrill of Vermont, Patterson of New Hampshire, Ramsey, Sawyer, Sprague, Sumner, Welch, Willey, Williams-17. NAYS-Messrs. Abbott, Cameron, Cattell, Cole, Conness, Corbett, Dizon, Drake, Ferry, Frelinghuysen, Osborn, Pomeroy, Pool, Robertson, Ross, Sherman, Spencer, Thayer, Tinton, Trumbull, Van Winkle, Vickers, Wade, Warner, Whyte, Wilson-32. Grimes, Henderson, McDonald, Morgan, Morton, Nye, The amendment offered by Mr. Morton was then disagreed to-yeas 22, nays 26, as follow: YEAS-Messrs. Cole, Conness, Dixon, Drake, Grimes, Henderson, Kellogg, McDonald, Morgan, Morton. Os born, Pomerov, Pool, Ramsey, Robertson, Ross, Sher man, Thayer, Van Winkle, Vickers, Warner, White-22. NATS-Messrs. Abbott, Anthony, Cameron, Chandler, Corbett, Cragin, Ferry, Frelinghuysen, Harlan. Harris Howard, Howe, Morrill of Maine, Morrill of Vermont, Patterson of New Hampshire, Sawyer, Spencer. Sprague, Sumuer, Tipton, Trumbull, Wade, Welch, Willey, Williams, Wilson-26. [For further votes on this subject, see a sub sequent chapter.] |