Imagens das páginas

Mr. THURMAN. Will the honorable Sen when he has spoken the truth.” That is no for a moment that any State can disregard ator allow me to interrupt him again?

new doctrine, I trust, to the honorable Senator that. Mr. HOWARD. Yes, sir.

from Obio. He has practiced law too long in But that provision in the Constitution is Mr. THURMAN. That is not at all the the courts of Ohio not to have applied and coupled with another provision, that Congress proposition that I was discussing. I have not insisted on frequently the doctrine of the law may, by a vole of two thirds of each House, denied the right of Congress to punish a man of evidence-falsus in uno falsus in omnibus. remove that disability. That is what the peo. for holding office, whether it be State or Fede. Besides, this second section not only pun. || ple have said in the Constitution; and that is ral, if he holds it in violation of the fourteenth ishes for the crime of holding office, but at its the limitation which is upon the States, that article. It was the last clause of this bill which foundation lies this other idea : it punishes no person who is within the class mentioned says that he, as a part of the punishment, shail the person for committing the double crime in the third section of the fourteenth article be disqualified from ever holding a State office, of perjury; first, in breaking his oath to his shall hold an office unless his disabilities have that I objected to specially.

country, the Constitution of which he had been removed. That is the only limitation Mr. HOWARD. Mr. President, I was com. sworn to support; and secondly, for deliber upon the power of the State to prescribe the ing directly to that. That is incorporated in ately taking another oath to support the same qualifications of officeholders under the State. the punishment as a part of the punishment-a Constitution of his country, which declares, in But now what does the judgment or sentence prohibition henceforth to hold office in a State. the third section of the fourteenth amendment, || provided for by this bill prescibe? It is proHe is prohibited by the fourteenth article to that he shall not hold that office. Is not that vided that, as part of the sentence for a crime exercise such an office. He attempts to exer sufficient? Is a man who will commit perjury committed against the Federal Constitution, cise it or actually exercises it. Now, what in. twice in succession against the Constitution of the individual shall be forever disqualified to compatibility, I ask, is there between that por. his country a proper person to hold office? Is hold any office under a State. It does not lea tion of the punishment and any other portion || he not a party who ought to be punished even the disqualification under the fourteenth article, of the punishment? How is that particular with imprisonment, even with disqualification for if it left it there it could be removed by a portion of the punishment prohibited either by to hold or exercise office ?

two-thirds vote of Congress, but it makes it a the Constitution, by the common law, or by Sir, with great respect, surely, for the opin sentence of a court that that individual shall common sense? The Constitution declares ions of the honorable Senator from Ohio, I be forever disqualified from bolding any office that he shall not hold this office in a State; can hardly conceive that he has seriously and either under the Federal Government or under and if he attempts to do it can we not say that || fully investigated the principles which lie at State. Congress may the very next day after he shall forever be disqualified for doing an the bottom of this bill and the principles upon that sentence is pronounced, by a unanimous act in direct violation of the probibitions of which the third clause of the fourteenth amend vote of both Houses, remove the disability, but the Constitution ? Certainly; I see not the ment was founded.

it cannot annul that sentence, for Congress slightest difficulty in

While I am up I beg to call the attention of has no pardoning power whatsoever. The parBut there seems to be lurking in the mind my honorable friend from Illinois to one amend. doning power belongs to the Executive. That of the honorable Senator from Ohio the idea ment, which I think ought to be made to the is the difficulty, that there is something in the nature of State second section of the bill. It is claimed that If you pass this law and a man is convicted sovereignty or State rights which lifts the ac this section contemplates two offenses; the first under it, and you remove his disabilities the cused so high that he cannot be reached by a that of holding and exercising actually and in next day, he is still to be disqualified, accordpevalty inflicted under an act of Congress for fact an office contrary to the third clause of the ing to the language of this bill, from holding attempting to hold an office in a State. Well, | fourteenth amendment, and the second is the any office. Disqualified by what? By the Consir, if there be such a State right as is implied | attempt to commit that crime; for the bill says stitution ? Not at all; for under the Constituin the remarks of the honorable Senator from or who shall attempt to hold or exercise the tion you have removed his disabilities. Dis. Obio, if the State privilege be of the character duties of any such office." I hardly think we qualified by the State constitution or laws ? he contends for now, it utterly annuls and should retain that clause. In the first place, it Not at all ; for they do not disqualify him, but destroys the third section of the fourteenth will be extremely difficult to determine, upon disqualified simply by an act of Congress, and amendment so far as holding office in a State the facts of the case that may arise, what is an by an act of Congress that takes away from is concerned. In other words, a State may attempt to hold and exercise an office. How Congress the right to remove bis disabilities confer this privilege upon an unrepentant rebel, would a court naturally hold; what facts would and restore again bis eligibility to office. and he may hold and exercise the office given it require to be presented to a jury in order to say that Congress, in my humble judgment, him by a State in open and secure defiance of make out the attempt to hold an office? It is very has no such power as that. That is the questhe prohibition of the fourteeuth amendment. difficult for me to see how that could be made tion I was arguing, and not the question

Surely I do not suppose the honorable Sen out, and as the other offense is one perfectly whether Congress could set the Constitution ator from Ohio would set up a claim like this well known, easily determined, both in fact and at defiance. in favor of a State, that its edict sbould over in law, I should think this clause was unneces None of the gentlemen who have spoken ride or could override a solemn clause of the sary in the bill, and at the proper time I shall have answered the objection I made to this Constitution of tbe United States, an instru move to strike it out, for I deem it superfluous. section. If any man holds a Federal office in ment which declares that the Constitution itself Mr. THURMAN. I am very unwilling to violation of the fourteenth amendment he must and the laws passed thereunder shall be the occupy any more of the time of the Senate at commit perjury in order to hold it, for he must supreme law of the land ? If it be the supreme this late bour of the night; but I cannot per take the tesl-oath ; and if he is' disqualified law of the land, then the law of the State, be mit the remarks of the Senator from Michigan, under the fourteenth amendment and takes the it in the form of a constitution or of a statute, whose known legal abilities and whose great | test-oath he is guilty of perjury, and the act is subordinate to the supreme law, and must weight in the country attract attention to every prescribing the test-oath provides for his pun. yield to its mandate. That is no new doctrine, thing he may say, to pass without notice. His ishment as a perjurer, and to that this second certainly, to the honorable Senator from Obio. || position is such as to make it material to every section superadds another conviction and

Again, sir, he complains that the second sec one to respectfully answer whatever objections | another punishment. You punish him twice. tion of this bill inflicts a severe penalty for a he may present.

You punish him for the perjury and then you crime which he seems to regard as inconsider Mr. EDMUNDS. I ask the Senator from panish him again for holding the office. Noable, I will not say insignificant. What is the Ohio if he will give way for a motion to ad. | body has answered that. crime for which a man is thus punished in journ? It is very late.

Again, Mr. President, it is said by the honreality? What is the motive lying at the bot. Mr. THURMAN. I shall not occupy the orable Senator that I ought to know that falsus tom of the third clause of the fourteenth arti Senate ten minutes, and I hope the Senator in uno, falsus in omnibus. Is that the princicle? Plainly this: that a man who has once from Vermont will allow me to say what I have ple upon which we go, that because these men held a Federal office or a State office, and has,

have once sworn to support the Constitution as required by the Constitution of his country, It is upon no fanciful idea of State sover and afterward went into rebellion they are taken an oath to support the Constitution of eignty that I based the objection that I made never afterward to be trusted? If that is so, the United States, and has afterward broken to the punishment prescribed by this bill. I I pray the Senator from Michigan to tell me that oath, comunitted perjury, deliberately for am willing to take any definition of the rights || why it is that Congress passes disability bills sworn himself by drawing his sword against of the States that the Senator from Michigan | and relieves men from their disabilities by the his country and attempting to overthrow the bimself will give ; and I think he will not dis hundred? If the doctrine is true that once Coustitution, sball not be eligible to office. agree with me that the right to prescribe the having forsworn themselves they are never to That is the motive of the third clause of the qualifications for office and the disqualifica. | be trusted, how is it that this Senate but yes, fourteenth article; and that article declares tions-I speak now of State offices-belongs | terday passed a bill relieving one thousand that he shall not, having committed that great to each State respectively, limited only by the men from the disabilities of the fourteenth crime, again be intrusted with the performance || provisions of the Constitution of the United amendment and qualified them to hold office ? of official duties, either of a Federal character States. I think everyone will agree to that. My bonorable friend from Michigan did not or of a State character. Why? Because a Very well, then ; what are the limitations in the rise then and say to the Senate, falsus in man who has once committed perjury is not Constitution of the United States upon the uno, falsus in omnibus; these men were peragain to be trusted. It is only an illustration right to hold State offices? There is this lim jured once, and never can be trusted again. of the saying of the ancient Grecian philoso- | itation in the fourteenth amendinent which dis These are all the remarks I desire to make; pber, who on being asked what ought to be the qualifies certain persons from holding either and I beg pardon of the Senate for baving punishment of a man who had told a lie delib- | Federal or State offices. Undoubtedly that is | occupied so much of their time. I have no erately, answered "not to be believed even binding on every State. I bave not contended more feeling upon this bill than any one else.

to say:

With great respect to those who advocate it, I Mr. TRUMBULL. I ask the consent of the HOUSE OF REPRESENTATIVES. cannot help but consider it as a blot upon our Senate to take up and concur in the amendlegislation should it ever find a place in our ment of the House of Representatives to our

Thursday, April 8, 1869. statute book. I hope the motion to strike out amendinents 10 the judicial bill.

The House met at twelve o'clock m. Prayer the second section will prevail.

Mr. EDMONDS. I want to look at that, by the Chaplain, Rev. J. G. BUTLER. Mr. MORTON. The proposition of the and I object to action at the present time. The Journal of yesterday was read and Senator from Onio, as I understand it, is that Mr. TRUMBULL. Then I'move to suspend | approved. the provision in this second section providing the business under consideration for the pur. ATTORNEY GENERAL'S OFFICE, ETC. as a part of the punishment that any one con pose of acting on that amendment. victed shall forever be made ineligible to hold Mr. EDMUNDS. You cannot suspend it.

Mr. COOK. I ask unanimous consent to any office is in conflict with the provision in Mr. TRUMBULL. Well, I move to post

report back from the Commitee on the Judithe fourteenth article which enables Congress pone the bill under consideration for the pur

ciary a bill (H. R. No. 213) to provide for the

publication of the Opinions of the Attorneys by a two-thirds vote to relieve any one from pose of taking up the judicial bill. disabilities. Is that the proposition?


General, and for other purposes.

Mr. WHITTEMORE. I object. Mr. THURMAN. Yes; and therefore the is in order. The Senator from Illinois moves

Mr. COOK. I move that the rules be sus. act would be unconstitutional and void.

to postpone the present and all prior orders of Mr. MORTON. I understand that to be the business for the purpose of proceeding to the

pended, to enable me to report the bill for proposition. consideration of the amendments to the bill

action at the present time.

Mr. KERR. I desire to inquire of the Mr. EDMUNDS. I ask the Senator if he || (S. No. 41) to amend the judicial system of will give way to a motion to adjourn? the United States.

gentleman whether he desires to put that bill Mr. MORTON. I cannot. I hope we shall The motion was agreed to ; and the Senate

on its passage without any discussion ? I would

like to be heard upon it briefly. finish this bill. I will take but a moment. proceeded to consider the amendment of the Mr. THURMAN. Not only do I say it is House of Representatives to the amendments

RECONSTRUCTION. inconsistent with that provision of the Consti of the Senate to the amendment of the House The SPEAKER. The Chair will inform tution, but I say further that no power is con to the bill (S. No. 44) to amend the judicial the gentleman irom Illinois (Mr. Cook) that ferred upon Congress to provide any such dis system of the United States.

unless unanimous consent be granted the bull qualification for holding othice under a State. Mr. TRUMBULL. Now I move that the caunot be entertained until the pending ques.

Mr. MORTON. The disability provided in | Senate concur in the amendment made by the tion on which ibe House adjourned last even. the third section of the fourteenth article is a House of Representatives to our amendments. ing shall be disposed of. The previous ques. bar to holding office. The theory of it is that Dr. EDMUNDS. I want to hear it read, tion had been ordered upon the question of Congress may for good cause, for good con. so as to understand it.

referring the President's message. The pendduct, or for subsequent loyalty, remove that The PRESIDING OFFICER. The House

ing motion was to refer it to the Committee on bar and allow the person to take office after amendment will be read.

the Judiciary, on which, after a division, tellers that time. But suppose a man attempts or The Chief Clerk read the amendment of the had been called for. exercises the functions of an office before the House of Representatives, which was in line Mr. BROOKS. I understand that some disability is removed, that, under this bill, three of section five of the Senate amendments action has been taken by the Reconstruction becomes a misdeineauor, and that misdgmeanor to the House amendment afterihe word "who" Committee which is in accordance with the may be punished in such way as the law may to insert “ having held his commission as such recommendation of the President. Because prescribe. It may be punished by imprison at least ten years;" so as to make the section of that understanding I do not wish to press ment; it may be punished by fine; or it may read:

my motion; and, with the consent of the be punished by makirg him ineligible to hold That any judge of any court of the United States House, I will withdraw it. any office after that time. Therefore this in who, having held his commis un as such at least ten

The SPEAKER. If there be no objection years, sha 1, after having attained thenge of seventy eligibility under the law comes in as a punish

years, resign bis office, shall thereafter, during the the motion will be withdrawn. ment for the offense. It is a punishment that res due of his patural life, receive the samo salary There was no objection. flicted for larceny, for burglary, or which was by law payable to him, &c.

The SPEAKER. The qnestion recars on for any misdemeanor. It is a part of the pun.

Mr. EDMUNDS. I have no objection to the motion to refer the President's message to ishment; and I see no objection to fixing it as that.

the Committee on Reconstruction. part of the punishment in this case more than The amendment was concurred in.

The morion was agreed to. the others I have stated. Suppose after a man


Mr. WARD moved to reconsider the rote by has beeu thus made ineligible Congress should come forward und remove bis disabilities, what

A message from the House of Representa.

which the message was referred; and also tives, by Mr. McPherson, its Clerk, announced

moved that the motion to reconsider be laid on would be the effect of that? that the Speaker had signed the following

the table. The removal of the disabilities would take effect from the time of the action of Congress; enrolled bills and joint resolution:

The latter motion was agreed to.

A bill (H. R. No. 358) for the relief of but he has been punished by the decision of a

ATTORNEY GENERAL'S OFFICE. Joseph P. Fyffe, commander in the United court for a misdemeanor committed before States Navy;

The SPEAKER. The question is now opon that time, and that punishment would stand A bill (Ú.' R. No. 867) making an appro;

the motion of the gentleman from Illinois, (Mr. as having been inflicted by virtue of the law; || priation for the improvement of rivers and

Cook.] to suspend the rules for the purpose of and I think it is a very proper punishment for harbors for the fiscal year ending June 30,

authorizing biin to report from the Committee a man who attempts to hold office in violation of the Constitution of the United States. The 1869, and the year ending June 30, 1870; and

on the Judiciary a bill (H. R. No. 234) to proA joint resolution (H. R. No. 43) concern

vide for the publication of the Opinious of the Sena or says that when he takes that office it ing vacancies in the adjutant general's depart

Attorneys General, and for other purposes. involves perjury in taking the oath. I say that

Mr. COOK. On that motion I call for tellers. it is very proper as a punishment that he shall

Tellers were ordered; and Mr. Cook and never afterward be allowed to hold any office.


Mr. WHITTEMORE were appointed. There is no inconsistency whatever between that Mr. ABBOTT. I move that the Senate take Mr. JENCKES. I ask that the bill be read and the provision of the Constitution. It is a up for consideration the bill (H. R. No. 124) in full before the House divides upon the part of the punishment that may be attached to declare and fix the status of judge advocates question. to any offense, and is attached to very many of the Army.

The bill was read. The first section author. by State laws and by Federal laws.

The morion was agreed to.

izes and empowers the Attorney General of JUDICIAL SYSTEM.

The PRESIDING OFFICER. When this the United States, whenever in his opinion the

bill was formerly under consideration, a mo. public interest may require it, to employ and A message from the House of Representa: | lion was made and carried to postpone it retain, in the name of the United Stsies, sueh tives, by Mr. McPuerson, its Clerk, announced indefinitely, and the question now is on recon. attorneys and counselors as law as he may that the House had agreed to the amendments | sidering the resolution by which the Senate deem necessary to assist the district attorneys of the Senate to the amendment of the House postponed the bill indefinitely.

in the discharge of their official duties, and to to the bill (S. No. 44) 1o amend the judicial Mr. EDMUNDS. Let the bill be read for stipulate with such assistant counsel for the systein of the United States, with an amend. information.

amount of their compensation, which shall be ment; in which it requested the concurrence The bill was read.

payable froin and out of the moneys appropri: of the Senate.

Mr. HOWARD. I move that the Senate ated for the legislative, executive, and judicial Mr. ED VUNDS. I move that the Senate | adjourn.

expenses of the Government. adjourn. There is no hope of getting a vote. Mr. ABBOTT. This bill has been reported The second section provides that in liea of

Mr. TRUMBULL. Task the Senator from || from the Committee on Military Affairs. I have the three clerks authorized to be appointed by Vermont to withdraw the motion to allow me tried to get it up several times, and I ask the the Attorney General by the fifth section of to move concurrence in the House amendment Senator from Michigan to allow us to get it the act of June 25, 1868, entitled "An act to to the judicial bill. through now.

provide for appeals from the Court of Claims, Mr. EDMUNDS. We can do that in the Mr. HOWARD. It cannot be passed to. and for other purposes," there shall be sp. morning. Tinsist on my motion that the Sen. night. I insist on my motion.

pointed by the Attorney General two persons ale do now adjourn.

The motion was agreed to; and the Senate learned in the law, to be called solicitors of The motion was not agreed to. adjourned.

the United States, to assist, under the direc

may be


The survey

tion of the Attorney General, in the prosecu. on the Public Lands House bill No. 134, to statements to be correct, and subscribe the same with tion and defense of all matters and suits arising | establish a land district in Wyoming Territory,

their proper names. in the Court of Claims on behalf of the United and for other purposes.

" Sec. 18 Upon such statements they shall then

proceed to determine and declare what persons have States, whose salaries shall be $3,000; and The bill was read in extenso.

been by tbr greatest number of votes duly elected to also two clerks, at annual salaries of $1,800,

such othices or either of them.

Mr. DICKEY. I call for the regular order of and one clerk of the first class.

SEC. 39. They shall make and subscribe on the business. It is the next to the last day of the

proper statement a certificate of such determinaThe third section appropriates the sum of session, and we have not time to consider these tion, and shall deliver the same to the secretary $3,000, out of any money in the Treasury not

of State. questions.

** SEC. 42. He shall without delay transmit a copy, Otherwise appropriated, to pay for the editing Mr. JULIAN. I ask unanimous consent to under the seal of his office, of sucli certified deterinand the price of the sets of iwo volumes of the make a statement.

ination to cach person thereby declared to be elected, Opinions of the Attorueys General of the United

Mr. DICKEY. I do not object to the state.

and a like copy to the Governor.

* And by section forty-four of the same act it is States, to be publisbed and distributed in conment.

required of the secretary thatformity with the provisions of the act to pro Mr. JULIAN. There is an absolute neces. "lle sball prepare a general certificate under the vide for the publication of the Opinions of the

seal of the State, and attested by bic as secretary sity for some law authorizing a survey of the thereof, addressed to the House of Representatives Attorneys General of the United States, ap. public lands in Wyoming. A surveyor gen of the United States in that Congress for which any proved March 3, 1865 ; such sum to be dis eral has been already appointed and perhaps

person shall have been chosen, of the due election of bursed on vouchers approved by the Attorney confirmed. The need of this survey is con

the persons so chosen at such election as Represent

atives of this Stato in Congress, and shall transmit General.

ceded on all hands. Parties have now to go the same to the said House of Representatives at The fourth section provides that the salaries of the solicitors and clerks authorized to be hope the gentleman will withdraw liis objection. hundreds of miles to preempt their lands. I

their first meeting."

Mr. CESSNA. Now, sir, in pursuance of appointed by the second section of this act

Mr. NÍBLACK. Is this not within the

the laws of South Carolina which have just shall be paid out of any moneys appropriated territorial limits of Dakota ?

been read, it appears that the board of canto pay the salaries of clerks in the office of the

Mr. JULIAN. It is not.

vassers are required to meet early in DecemAttorney General; the increased expenditure of Dakota will not answer the purpose for ber, not later than the 15th. The board did thus authorized for tbe salaries of solicitors

Wyoming. and clerks to be defrayed out of any money in

meet aud proceed to examine the returns of

Mr. WOODWARD. If my colleague with: the several elections beld within the State. the Treasury not otherwise appropriated. draws his objection I will renew it.

They continued in session several days. The The fifth section provides that the said solicitors and clerks, as well as the Assistant At.

Mr. JULIAN. I move to suspend the rules. exact number does not definitely appear, but

Mr. CESSNA. I cannot yield for that pur. it does appear from the evidence before the torney General on duty in the Court of Claims, shall be admitted to the use of the Congrespose.

committee that all their labors were completed HOGE VS. REED.

before the 15th of December, as required by sional and Law Library. Mr. SCOFIELD. I believe this bill con.

The Clerk read as follows:

law. The first certificate which they issued tains an appropriation, and must go to the

we have published as a part of the report of

Resolved, That upon the papers referred to the
Committee of the Whole.
Committee of Elcctions in tho contested case of S. L.

the committee. Accompanying that certificate, The SPEAKER. The motion is to suspend

Hoge vs. J.P. Rced, from the third congressional dis and in the judgment of the Committee of

trict of South Carolina.S.L. Hogeis prima facicentithe rules, which would include the rule requir.

Elections as a part of their action relative to tled to a seat in the House as the Representative of ing the bill to go the Committee of the Wbole. said district, subject to the future action of the House

the same question, the board of canvassers filed as to the merits of the case. Mr. COOK. I ask that a letter from the

a written protest, and they proceeded from Attorney General on this subject be read. Mr. CESSNA. That is the case from the time to time, as a majority of the committee The SPEAKER. Tbat would be in the

third district. The case of Wallace vs. Simp- || believe, in strict accordance with and obe. nature of discussion, which is not in order son, from the fourth district of South Carolina,

dience to the law of South Carolina, to revoke while a motion to suspend the rules is pending. is precisely like the one from the third district

that certificate and to grant another in favor of Mr. COOK. I ask unanimous consent that in every particular. If there be no objection

Mr. Hoge. the letter be read.

will suggest that they be considered at the Now, Mr. Speaker, it was decided by a large Mr. RANDALL. I object, unless I shall same time. They merely settle the prima facie majority of the House of Representatives in be allowed to offer an amendment. title, leaving the merits of the cases to be de

the case of Morton vs. Dailey, from the TerriThe SPEAKER. On the motion to suspend

cided hereafter. The certiGicates in both cases tory of Nebraska, that the authority granting the rules tellers have been ordered, and will are the same word for word, and the facts,

a certificate of election in any case imme: take their places. which are not disputed, are alike.

diately upon the discovery of fraud bas a right Mr. RANDALL. I desire to ask the gen

Mr. RANDALL. I object. The gentleman

to revoke that certificate and grant another to tleman having charge of this bill whether he says that they are alike in every particular. I the other party, and in that case the person will allow me to offer an anendment, which I admit so far as the law is concerned they are receiving the subsequent certificate was admitthink will meet the concurrence of the House, | alike; but the gentleman will recollect that the ted to a seat in the House. Now, sir, not only providing that the money paid under this bill two gentlemen he proposes to seat in this House

have we a similar condition of things here, to any attorney employed for the Government were defeated by from three to four thousand

but we have one which, to my mind, bas very shall not in the aggregate amount to $5,000 in votes in their respective districts.

much more force and wbich appeals more any one year?

Mr. CESSNA. The explanation of my col.

cogently to the judgment of the House than Mr. COOK. I do not think any such amend. | league does not alter the statement I made to

tbe case referred to. ment is necessary, but I will allow it to be the House. The question of the merits of the

At the very time when this board granted offered.

cases is not before the House at this time. I the first certificate they accompanied it with a The SPEAKER. Debate is not in order. will confine myself to the case of Hoge vs. protest stating their reasons foriheir action, and The House divided; and the tellers report

Reed, from the third congressional district of appealing to this House to regard that certified-ayes 70, noes 39.

South Carolina. In this case the first inquiry Cate as invalid. The protest is published. I So (two thirds not voting in favor thereof) of the committee was in reference to the eligi.

will not consume the time of the House at this the rules were not suspended.

bility of Mr. Reed, and we had no trouble in find. late period of the session by reading it. Every KITTERY AND CHARLESTOWN NAVY-YARDS. ing that he was ineligible. It is proper to state

member has access to it in the printed report that both gentlemen brought certificates from now lying on their desks. Mr. SCOFIELD. I ask unanimous consent the properly constituted authorities of South

That certificate was followed also by an to report from the Committee on Naval Affairs Carolina. But before proceeding further I will

absolute and unqualified withdrawal of the sig: a bill directing the appointment of a commis ask the Clerk to read the law of South Caro nature of one of the gentlemen wbo signed it sioner to inquire into the propriety of consoli lina so far as it applies to this question.

as a member of the board of canvassers. Under dating the Kittery and Charlestown navy-yards. Mr. RANDALL. Read the entire law.

the law of South Carolina four persons con: Mr. HOOPER, of Massachusetts. I object. Mr. CESSNA. I will have read wbat I think

stitute the board. The certificate as given was ORDER OF BUSINESS.

applies to the case. When I conclude my col. signed by only three persous, and one of these Mr. CESSNA. I rise to a question of priv. league can have it all read.

three, J. L. Neagel, afterward withdrew his The Clerk read as follows:

signature for the reasons stated by him, as folilege, and call up the report of the Committee

lows: of Elections upon the contested election case

"The secretary of State shall appoint a meeting of from the third district of South Carolina.

the State canvassers, 10 be held at his offico, or some "I therefore desire that the aforesaid certificate be

convenient place, on or before the 15ih day of De considered us though my name was not attached, and Mr. JULIAN. I ask the gentleman to yield cember next after such (each) general election, for this same certificate to have a I tho force of a certifito me for a moment.

the purpose of canvassing the votes of all officers cate of the election of Hon. S. L. Hoge in full force Mr. CESSNA. I will do so if the gentlevoted for at such election.

and effect."

Sec. 35. The secretary of State, comptroller genman proposes to consume but very little time. eral, attorney general, and treasurer, shall consti

That left but two names to the certificate, tute the State canvassers, three of whom shall be a which under the laws of South Carolina are SURVEY OF WYOMING. sufficient number to form a board."

insufficient, as I hold, to give it validity. The Mr. JULIAN. Yr. Speaker, I ask the House to hear one single suggestion. The President

"Sec. 37. The board, when thus formed, shall, upon

board in accordance with the law of the State of the United States has appointed a surveyor the certified copies of the statements made by the

proceeded further to consider that question, board of county canvassers, proceed to make a state and finally revoked the certificate given to Mr. general for Wyoming. There is no survey ex.

ment of the whole number of votes given at such Reed, and without any dissent for reasons given tending over that Territory. I ask unanimous

election for the various officers, and each of them
voted for, distinguishing the various counties in

by them the four members of the board joined consent to report back from the Committee which they were given. They sball certify such in issuing a certificate to Mr. Hoge. Under

this state of facts the committee have submitted Bennett, Benton, Bingham. Bowen. Boyd. Benjamin Mr. RANDALL. I ask for the yeas and their report. And now, having no desire to F. Butler, Cake, Calkin. Churchill, Cleveland, Crebs, nays on the motion to adjourn.

Davis, Daval. Dyrr. Ferry, Fox, Greene. Haight, discuss the question at length, I yield the floor Hambleton, Ilamilton, Hili. Ilong. Ilooner. Ilop

The yeas and pays were ordered. for half an hour to my colleague on the com kine. Johnson, Ketcham. Knoit, Logan, Maybam, The question was taken ; and it was decided mittee [Mr. Burr] to state the views of the

McCarthy. Moffet, Eliakim II. Moore, Jeso II. in the negative-yeas 15, nays 121, not voting

Moore, Morrissey, Mungen. Niblack, Peters. Readminority. ing. Reeves, Rogers, Swyer. Schumaker, Joseph

60; as follows ; Mr. BURR. Mr. Speaker, it is not at all S. Smith, Stevenson, Siiles, Strader, Taffe, Town YEAS-Messrs. Adams, Archer, Beck, Biggs, Bird, in accordance with my disposition to take the

rend, Van Auken, Van Horn, Van Trump. Voorbees, Eldridge, Getz, Haldemin, Thoinis L. Jones, Mc

Wilkinson, Williams, John T. Wilson, Winchester, Neely, Morgan, Raudall, Swann, Swienty, and floor upon a case like this under a limitation and Wood-60.

Woodward-15. of thirty minutes. I hardly think it is the

So the House refused to adjourn.

NAYS-Messrs. Ambler, Armstrong. Arnell, A«per, intention of the House to limit the discussion

Axtell, Briley, Banks, Beainan, Beatty. Blair, Boles, of this case, and I prefer to take the floor in

Mr. BUTLER, of Massachusetts. I desire Brooks, Butinton, Burdett, Burr, Roderick R. Bat.

to report from the Committee on Reconstruc ler, Cessna, Clarke, Amasa Cobb, Clinton L. Cobb, my own right. If I can finish in thirty min.

Coburn, Cook, Conger. Cowles, Cullom, Dawes, Deutes I will do so. tion à bill in reference to Texas, Virginia, and

weese. Dickey, Dickinson, Dixon, Dockery, Dooley, Mr. CESSNA. Then I will call the previous

Ela. Farnswortb, Ferriss, Finkenburg, Fisher, Fitcb, Mississippi. question.

Mr. PAINE. I make the point of order

Garfield, Gilfillan, Golladay, Griswold, Hale, Hamill,

Hawkins, Hawley. Hay, Heaton. Tioar, Holman, Mr. BURR. I appeal to the majority on

that that report cannot be received while the Hotchkiss, Ingersoll. Jenckes, Alexander H. Jones, this floor to allow this to be discussed. House is engaged in considering the report of

Judd, Julian, Kelley, Kelsey, Kerr, Knapp. Latin, Mr. CESSNA. I insist upon the previous the Committee of Elections.

Lash, Lawrence, Loughridge, Lynch, Marshall, Mag.

pard, McCorinick, McCrary, McGrew. Mercur, Wilquestion. I believe under the rule I shall be

The SPEAKER. The Committee on Recon liam Moore, Daniel J. Morrell, Samuel P. Jorrill, entitled to an hour, and I will give as much of struction has a question of privilege, and is

Negley, O'Neill, Orib, Packard, Packer, Paine, Pula

mer, Phelps, Poland, Pomeroy, Potter, Prosser. Rice, it to the other side as we shall take on our side. authorized to report at any time. li is for the

Roots, Sanford, Sargent, Scbcnck, Scofield, Shanks, Mr. BURR. If I can conclude in twenty

House to say wliether they will consider their Sheldon. Slocum, John A. Smiib, William J. Smith,

report. minutes I will do it, but I do not want to be

Worthington C. Smith, William Smyth, Stevens, limited to less than an hour.

Mr. PAINE. The Committee on Recon.

Stokes, Stone, Stougbron, Strickland, Tanner. Till

man. Trimble, Twicbell, Tyner. Upson, Ward, Mr. CESSNA. I desire to state that struction can make privileged reports, but the Cadwalader C. Washburn, William B. Washburn, Mr. RANDALL. I object to debate if the Committee of Elections report questions of

Welker. Wells, Wheeler, Whittemore, Willard,

Eugene M. Wilson, Winans, and Witcher-121. gentleman has not civility enough:privilege.

NOT VOTING-Messrs. Allisuu, Ames, Benjamin, Mr. CESSNA. I demand the previous ques. The SPEAKER. There is no such language Bennett, Benton. Bingbain, Bose, Buyu, Benjamin tion.

F. Butler, Cuke. Calkin, Churchill, Cleveland, Crebs, in the resolution organizing the Committee on Davis. Duval, Dyer, Ferry. Fox, Greene, Haight, On seconding the previous question there Reconstruction. It is authorized to report at Nambleton, Hamilton, Hill, floag, Hooper, Hopwere-ayes 64, noes 24 ; no quorum voting. any time; and it is for the House to determine kins, Johnson, Ketchai, Kuott, Logan, Maybain, Mr. RANDALL. I move that the House what they will do with their reports.

McCarthy, Moffet, Eliakim H. Moore, Jesse H.

Moore. Morrissey, Mungen, Niblack. Peters, Readadjourn.

Mr. CESSNA. I ask the gentleman from ing. Reeves, Rogers, Sawyer, Schumaker, Joseph $.
Massachusetts (Mr. Butler] to give way until

Smith, Stevenson, Sules, Sırader. Taffe, Trwogend,

Vin Auken. Vin Horn, Van Trump. Voorhees, A message from the Senate by Mr. Hamlin,

we can have one vote on this question, and Wilkinson, Williams, John T. Wilson, Winchester, one of its clerks, announced that the Senate then I will make no objection.

and Wood-60. had agreed to the amendment of the House of

Mr. BUTLER, of Massachusetts. Very well; So the motion to adjourn was not agreed to.

I will do so. Representatives to the bill of the Senate No. 11

The question was on the motion to suspend entitled “An act to revive certain land grants ELECTION CONTEST-HOGE VS. REED. the rules. to the State of Alabama."

The House resumed the consideration of the

The SPEAKER. The Clerk will read the The message further announced that the Sen.

report of the Committee of Elections in the rules under which the Chair declines to euter ate had passed the bill (H. R. No. 854) making contested-election case from the third congres.

tain any dilatory motion. appropriations and to supply deficiencies in the sional district of South Carolina of Hoge vs.

The Clerk read as follows: appropriations for the service of the Govern Reed.

“Pending a motion to suspend the rules, so as to ment for the fiscal years ending June 30, 1869, Mr. CESSNA. I move that the rules be

take an inmediato vote on a proposition, à motion and June 30, 1870, and for other purposes, suspended and that the resolution reported by

for a recess is not in order.

“ Pendinga motion to suspend the rules, the Speakwith amendments; in which he was directed to the Committee of Elections be adopted. er may entertain one motion, that the House di Dory ask the concurrence of the House.

Mr. BURR. I submit the question to the adjourn ; but after the result thereon is adcounced

he'sball not entertain any other dilatory motion till DEFICIENCY APPROPRIATION BILL. majority on this floor whether they will, in the vote is taken on suspension." On motion of Mr. BEAMAN, by unanimous

violation of parliamentary law and courtesy, Vr. BURR. Some days since I received consent, the amendments of the Senate to the deprive the minority of an opportunity to be

from the House permission to make a report heard on this case under the rules? bill (H. R. No. 354) making appropriations

on behalf of the minority of the Commiilee

Mr. CESSNA. I object to debate. and to supply deficiencies in the appropriations

of Elections in the contested-election case of

Mr. RANDALL. for the service of the Government for the fiscal

I move that the House

Hoge vs. Reed. I now ask permission to make year ending June 30, 1869, and June 30, 1870,

adjourn ; and on that motion I demand the that report, and to submit such remarks upon and for other purposes, were taken from the yeas and nays.

it as may be proper. Speaker's table and referred to the Committee

The SPEAKER. The Chair will entertain The SPEAKER. The Chair declines to on Appropriations.

that motion ; but he advises the House that receive the report at this time. The pending

under the rules he will be incompetent to motion is to suspend all rules, among them URDER OF BUSINESS.

entertain any other motion, that being nega. the one under whicle the gentleman was The question being on the motion of Mr. tived, until the vote shall be taken on the motion granted leave to make a report. Randall that the House do now adjourn, to suspend the rules.

Mr. ELDRIDGE. 1 rise to a parliamentMr. BROOKS called for the yeas and nays. Mr. SCOFIELD. I rise to a point of order. || ary inquiry. The yeas and nays were ordered.

The SPEAKER. The gentleman will state The SPEAKER. The Chair will hear the The question was taken; and it was decided his point of order.

inquiry of the gentleman, in the negative-yeas 15, nays 121, not voting Mr. SCOFIELD. My point of order is that Mr. ELDRIDGE. I desire to state that I 60; as follows:

no business has intervened since the vote on never understood the rule which the Cbair bas YEAS-Messrs. Adams, Archer, Beck, Biggs, Bird, the motion to adjourn.

caused to be read to mean that we could not Eldridge. Getz, Haldeman, Thomas L. Jones. Mc The SPEAKER. The Chair overrules the || fix the time to which the House should adNeely. Morgan, Randall, Swanu. Sweeney, and Woodward-15.

point of order. The gentleman from Pennsyl. journ before the question is taken upon the NAYS-Messrs. Ambler, Armstrong, Arnell, Asper, vania [Mr. Cessna] has made the motion to motion to adjourn." It was upon that ruling Axtell, Bailey, Banks. Beamon, Beatty, Blair. Boles, Brooks. Buffinton, Burdett, Burr, Roderick R. Buto

suspend the rules, and a viva voce vote has been of the Chair that I desired to take an appeal. ler, Cessna, Clarke, Amasa Cobb. Clinton L. Cobh,

taken on that motion. The result of the vote The SPEAKER. The Chair declines to Cobury, Cook, Conger, Cowles, Cullom, Dawes, De has not been announced, but the Chair will entertain the appeal, being strictly forbidden weese, Dickey, Dickinson, Dixon. Dockery, Donley, hold that there has been intervening business. by the rule to do so. Ela, Farnsworth, Ferriss, Finkelnburg, Fisher, Fitch Garfield, Gilfillan, Golladay, Griswold, Hale. Ilamill,

The question was on the motion to adjourn. Mr. ELDRIDGE. Then I desire to say that Hawkins, Hawley. Hay, Heaton. Hoar. Holman,

Mr. ELDRIDGE. I rise to a question more I protest against such ruling by the Chair. Hotebkiss, Iugersoll. Jenckes, Alexander H. Jones, Judd. Julian, Kelley. Kelsey, Kerr, knapp. Latlin,

highly privileged than the motion to adjourn. The SPEAKER. That the gentleman bas Lash, Lawrence, Loughridge. Lynch, Marshall, Mayo I move that when the House adjourns to day a right to do, of course. pard. McCormick, M Crary, McGrew, Mercur, Wil it be to meet to morrow at eleven o'clock.

Mr. RANDALL. I desire to enter a motion linin Moore. Daniel J. Morrell, Samuel P. Morrill, The SPEAKER. The Chair declines to en: Negley, O'Neill, Orth. Packard. Picker. Paine. Pala

to lay on the table the motion to suspend the mer, Phelps, Poland, Pomeroy. Potter. Prosser, Rice,

tertain the motiou, being forbidden by the rule rules, Roots. Sanford, Sargent, Schenck Scofield, Shanks. to do so.

The SPEAKER. Such a motion is never Sheldon, Slocuin, John A. Sunith, William J. Smith, Worthington C Smitn. Willinin Smyth, Stevens,

Mr. EEDRIDGE. I appeal from the in order. Stokes, ove, Stoughton, Strickland, Tanner, Tilla decision of the Chair.

Mr. RANDALL. I call for the yeas and man, Trimble, Twichell, Tyner, Upson. Ward, Cad The SPEAKER. The Chair declines to nays on the motion to suspend the rules. walailer!. Washburn. Willian B. Washburn. Wel. kes. Wells, Wheeler. Whittemore. Willard, Eugene

entertain any appeal at this time, as the rule The yeas and nays were ordered. M. Wilson, Winans, and Witcher-121.

forbids him to entertain any dilatory motion, The SPEAKER The Clerk will now call NOT VOTING-Messrs. Allison, Ames, Benjamin, except one motion to adjourn.

the roll.

Mr. BURR. I desire to inquire if one vote record his protest against the proceeding just provided for in this bill, shall assemble at the capital will suspend the rules and pass the resolution? closed.

of said States respectively on the fourth Tuesday after The SPEAKER. The Clerk will proceed Mr. CESSNA. I object.

the official promulgation of such ratification by the

military officer commanding in said State. to call the roll.

Mr. BURR. I move to suspend the rules Sec. /. And be it further enacted, That in either of Mr. BURR. The Chair, then, declines to for the purpose of granting that leave.

said States the commanding general, su hject to the

approval of the President of the United States, may answer a parliamentary question?

The SPEAKER. The gentleman has not

suspend, until the action of the Legislatures elected The SPEAKER. The roll will now be the floor to make such a motion. The gentle. under their constitutions respectively, all laws that called. man from Massachusetts was recognized and

he may deem unjust and op pressive to the people. The question was taken upon the motion to is holding the floor upon a privileged report. The SPEAKER. The gentleman from New suspend the rules and adopt the resolution ; Mr. BUTLER, of Massachusetts. I hope i York moves that that bill be rejected under and there were--yeas 101, nays 39, not voting there will be no objection to allowing the gen. the one hnndred and seventeeth rule. 56; as follows:

tleman from Indiana [Mr. KERR) to print his Mr. BROOKS. Have I the floor on that YEAS- Messrs. Allison, Ambler, Armstrong, remarks.

question ? Asper, Bailey, Banks, Beaman, Beatty, Bennett, The SPEAKER. Is there objection to allow Mr. BUTLER, of Massachusetts. I demand Bingham, Boles, Buffinton, Burdett, Roderick R.

ing the gentleman from Indiana (Mr. KERR] the previous question. Butler, Cessna, Amasa Cobb, Clinton L. Cobb, Coburn, Cook, Conger, Cowles, Cullom, Dawes, Deweese, to print remarks in the Globe upon the con Mr. ELDRIDGE. Is not the gentleman Dickey. Dixon. Dockery, Donley, Duval, Farns tested-election case just decided?

from Massachusetts taken from the floor until worth, Ferriss, Finkelnburg, Fisher, Fitch, Garfield,

Mr. CESSNA. I object.

the question of reception has been determ. Gilgllan, Halo, Hawley, Hay, Heaton, Hoar, Hooper, Hopkins, Hotchkiss, Ingersoll. Jonckes, Alexander Mr. RANDALL. The gentleman objects to ined ? H. Jones, Judd, Julian, Kelley, Kelsey, Knapp, hearing

the truth.

The SPEAKER. The gentleman from New Lailin, Lash, Lawrence, Loughridge, Maynard, McCarthy. McGrew, Mercur, William Moore, Daniel J.

Mr. CESSNA. I will explain why I object. || York, under the right given him by the one Morrell, Samuel P. Morrill, Negley, O'Neill, Pack The SPEAKER. The gentleman has not hundred and seventeenth rule, moves tbat the ard.Packer, Paine. Palmer, Phelps, Pomeroy, Prosser, the floor for that purpose.

bill be rejected. He has the right to do that Sapford, Sargent, Sawyer. Scofield. Shanks, Sheldon, John A. Smith, William J. Smith, Worthington C.


while the gentleman from Massachusetts still Smith, Stevens. Stevenson, Stokes, Stoughton,

occupies the floor, but the gentleman from Strickland, Taffe, Tanner. Tillman, Townsend,

Mr. BUTLER, of Massachusetts. I report Massachusetts would have the first right to Twichell, Tyner. Unson, Ward, Cadwalader C. Wash from the Committee on Reconstruction a bill

debate it. He waives his right to debate it burn. Willintu B. Washburn. Wheeler, Whittemore, Williams, Winans, and Witcher--101.

(H. R. No. 405) authorizing the submission of and demands the previous question. NAYS-Messrs. Archer, Axtell, Beck, Biggs, Bird, the constitutions of Virginia, Mississippi, and The previous question was seconded. Brooks. Burr, Calkin, Crebs, Dickinson, Eldridge. Texas to a vote of the people, and authorizing Mr. ELDRIDGE demanded the yeas and Getz, Golladay, Greene, Griswold. Haldeman, Hamill, Holman, Thomas L. Jones, Knott. Marshall, the election of State officers provided by the

nays on ordering the main question. Mayham, McCormick, McCrary, McNeely, Moffet, said constitutions, and members of Congress.

The yeas and nays were ordered. Morgan, Mungen, Niblack, Potter, Randall, Rice, Mr. BROOKS. I rise to a privileged ques. Mr. BROOKS. I am not disposed to be Stone, Swann, Sweeney, Trimble, Van Auken,


tion. I raise the question upon the reception || factious, for I am not at all opposed to this and Woodward-39. NOT VOTING-Messrs. Adams, Ames, Arnell, of this report. I move that it be not received.

bill, but I wished to show how time can be Benjamin, Benton, Blair, Bowen, Boyd. Benjamin Mr. GÅRFIELD. Before that question is consumed notwithstanding the extraordinary F. Butler, Cake, Churchill, Clarke, Cleveland, Davis, Dyer. Ela, Ferry. Fox, Haight, Hambleton, Hamiltaken I demand the reading of the bill in full.

movement we witnessed this morning. I will ton, Hawkins, Hill, Hoag. Johnson, Kerr, Kotcham, The SPEAKER. The gentleman from New now withdraw the motion to reject. Logan, Lynch. Eliakim H. Moore, Jesse H. Moore, York (Mr. Brooks] has the right to raise the Mr. BUTLER, of Massachusetts, When I Morrissey, Orth, Peters, Poland, Reading, Reeves, Rogers. Roots, Schenck, Schumaker, Slocum, Joseph question, but the Chair cannot recognize him

shall have explained this bill, Mr. Speaker, I S.Smith, William Smyth, Sriles, Strader, Van Horn, as entitled to the floor for the purpose of rais

do not think there will be any substantial Van Trump, Voorhees. Welker, Wilkinson, Willard, ing it until the bill is reported in full at the Eugene M. Wilson, John T. Wilson, Winchester,

objection to it, and when I shall have done Clerk's desk. and Wood-56.

that I will yield to my friend to make a motion Mr. BROOKS. Have I not the right to raise

for the consideration of the House. So (two thirds voting in favor thereof) the

the question at any time after the bill is pre The first section provides that the President rules were suspended, and the resolution was sented?

of the United States may, at such time and in adopted.

The SPEAKER. The Chair will recognize such manner as he may deem best for the pubMr. BUTLER, of Massachusetts. I rise to the right of the gentleman at the proper time, lic service, submit to the people of Virginia present a privileged report. but cannot do so until the bill shall have been

the constitution framed by the convention of Mr. CESSNA. I rise to a question of priv. reported in full from the Clerk's desk.

that State, and may submit any separate clause ilege, and ask that the oath of office be admin The Clerk read the bill as follows:

of that constitution to a like vote. istered to Jr. Hoge.

A bill authorizing thesubmission of the constitutions The second section provides that the voters The SPEAKER. If the gentleman from of Virginia, Mississippi, and Texas to a vote of the South Carolina is present he will present him.

people, and authorizing the election of State offi

of Virginia may at the same time elect State self.

cers provided by the said constitution, and mem officers and members of Congress; that the bers of Congress.

registration may be corrected for that purpose, Mr. KERR. As I think it my duty to put on Be it enac'ed by the Senate and House of Representa and that the commanding general may appoint record in the Globe my views of this extraor tives of the United States of Americi in Congress assemdinary proceeding, I ask leave of the House bled, That the President of the United States, at such

registrars and judges of election as may be time as he may deem best for the publicinterest, may necessary. to do so.

submit the constitution wbich was framed by the con The third section provides that the President The SPEAKER. The gentleman from In: vention which met in Richmond, Virginia, on Tuesdiana (Mr. KERR] asks leave to have printed in day, tho 3d day of December, 1867, to the regis

may in like manner submit the coustitution of tered voters of said State, for ratification or rejec the State of Mississippi to the voters of that the Globe his views in regard to this case. Is

tion; and may also submit to a separate vote such State with like effect and under like circumthere objection? provisivos of said constitution as he may deem best.

stances. Several members objected.

SEC. 2. And be it further enacted, That at the same

election the voters of said State may vote for and The fourth section provides that the Pres. Mr. BROOKS. On that question I call for elect members of the General Assembly of said State, ident may submit the constitution of the State the yeas and nays.

and all tho officers of said State provided for by the
said constitution, and for members of Congress; and

of Texas at such time as he may deem fit for The SPEAKER. This is a mere request the officer commanding the district of Virginia the public service to a vote of the registered for unanimous consent, and the yeas


shall cause the lists of registered voters of said State voters, who at the same time may vote for cannot be called upon the proposition.

to bo revised and corrected prior to such election,
and for that purpose may appoint such registrars as

State officers and members of Congress. Mr. ELDRIDGE. I move to suspend the bo may deem pecessary. And said elections shall The sixth section provides that in the mean rules for the purpose of giving the gentleman

be held and returns thereof made in the manner time the military commander, with the ap. from Indiana the privilege he asks.

provided by the election ordinance adopted by tho
convention which frained said constitution.

proval of the President, may suspend any The SPEAKER. The Chair recognized the Sec. 3. And be il further enacted, That the Presi obnoxious, oppressive, and unjust laws. This gentleman from Massachusetts, [Mr. BUTLER ;] dent of the United States may in like manner sub

last provision is principally leveled against the mit the constitution of Texas to the voters of said but the gentleman from Pennsylvania [Mr. State at such time and in such manner as be may di

unjust poll-tax in Mississippi, and two or three Cessna) rose to a question of privilege, to ask rect, either the entire constitution or separate pro laws kindred thereto as to the collection of that a member be sworn in; and for that pur

visions of the same, to a separate vote, and at the debts. I myself am of opinion that the district

same election the voters may vote for and elect the pose the Chair took the liberty of interrupting members of the Legislature, and all the State officers

commander under the reconstruction act may the gentleman from Massachusetts.

provided for in said constitution, and members of have that power now; but as there has been Mr. Hoge presented himself, and was duly

Congress : Provided also, That no election shall be doubt raised with regard to it, and as the dis

held in said State of Texas for any purpose till the qualified by taking the oath of office prescribed President so directs.

trict commanders have expressed their doubts, by the act of July 2, 1862.

Sec. 4. And be it further enacted, That the Presi the committee have reported this provision. Mr. BURR. As a minority member of the

dent of the United States may in like manner re That, in a word, is all the bill. It allows the Comunittee of Elections, I ask leave to present

submit the constitution of Mississippi to the voters
of said State, atsuch time and in such manner as be

President in these States, when he deems it my views in the form of a protest against the may direct, either the entire constitution or separate best for the public service, to submit the con: action of the House and have it go upon the

provisions of the same to a separato vote, and at the stitutions which have been heretofore prepared record.

same election tbe voters inay vote for and elect the
members of the Legislature and all the State officers

to a vote of the people, but it provides that Mr. ELDRIDGE. And that similar leave provided for in said constitution, and members of there shall be no vote in any of the States be granted to any other members on this side. Congress.

Sec. 5. And be it further enacted, That if either of

except when he so directs; and when he subThe SPEAKER. The gentleman from Illisaid constitutions shall be ratified at such election

mits the constitution they vote in all these pois (Mr. BURR) asks leave to enter on the the Legislature of the State so ratifying, elected as States for State officers and members of Con


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