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. 2
VOLUI%IE EXXXTV.
IRST UlllOl.
I TWEI.VIE. O'C3E4OIOIKB M.
ILIRRISBURG.
I °. rOceedingt , Of the Legislature
•-,' —Attorney General Replies to
a Resolution of Inquiry—An
nual Appropriation Bill Re;
• liorted ,- --lvew County of Pet ro
leum—Bills Passed Finally./
337 Telegraph to the rlttebergh Gazette.]
FIABRISBERG, Feb. 10,,1669,
E. 4 SENAT E.
_ ..
OPINION PRIIISI ATTORNEY , 6132TEP.AL.
A eom'mtinieatiisn was 'received from
Attorney General Brewster, answering
the Senate!s. resolution of inquiry. He
believes that the, = act- modifying and
anging revenues from taverns and re
', l m era t - h and collateral ; 3 43o ki l n l g ate r ra u l nd inh an er d lyi ita a n p c p et n a:
4:!1i
. t e same to the ordinary and current ,ex
:.p uses of the Commonwealth, is conati
t tional. • •
BILLS INTRODUCED.
y Mr. CONNELL: Providing for the '
in rporatiou and regulation or Insurance
Companies.
By Mr. ERRETT: Relating to Birm
ingham borough. "
NEW • COUNTY BILL.
. 21 • ,fr• LOWRY called up the bill creat
ing
a new county out of parts of Craw
-ford, Venanso,Forest and Warren, to be
called Petroleum, which was discussed
for nearly,two hours, Messrs. Brown, ;of
Mercer, and Wallace-opposing, and Mr.
Lowry defendh3g. :,The bill passed to a
second reading. ' .
HOU*:
R -PR _SEN ; PATIVES.
APPROPRIATION BILL.'
Mr. WILSON, of Allegheny, chairman
df the Ways and Means -- Cornnaittee, re
.
:;,ported the annual appropriatilin bill.
About.the usual amounts are appropria
ted for r lDepariment expenses; tor pen
sso,ooo; for soldiers orphans, $45,-
- .....000; common schools, $590,000; Judges of
the Supreme Conit, - - $6,000 each, total,
—430,000; JficigOs of l'hiladelphia, $25,000;
— Allegheny, $25,000; ~.Judges of ..the C0m
515,060;- Associate - judges,
V 50,1100; interest orijunded debt falling
; -- due up to Feb: Ist, 1870, $1,800,000; public
printingv $35;000: regislative expenses,
including pax of rtiemhers and - officers,
-15250,000:or ad much tlfereof as - maybe
tnecessary; Pennsylvania Institution for
deaf - anddumb, $35,Q00 ;
%%Ida Institution '%.for blind, $33,000;"
'Western ,Peausylvania Hospital, for
salaries, deficiencies, inshrance, extra
grading, excavating, and Tarnishing the
' eastern 'wing; $87,459; furnishing cost,
$44,586; Asylum at l3arrisburg; - $20,000;
- Medea training school for feebleminded
children, $1:0,000; Eastern Penitentiary.
• $22,0004- Western Penitentiary, $23,950;
new building for game, $41,000; Asylum
at Dariville, $100,000; Eastern House of
'Refuge, $35,010;' Western. $14,000; Nor
thern Rome for' Friendless Children,.
- $10,000; Now Brighton Retreat, $3,600;
Lincoln Institute colored, $10,000; Ma
rine Hospital, Erie, $lO,OOO. The whole
appropriation is a little oyer four mil
lions of dollars.
.-.11111:S 4Sn], PINALL - if.
lllCOrP,,rating the Coloperative Life In-
Auxance Con,; any of Western Pennsyl;
yenta located at Birmingham, capital
1200400: ,
Preventing' he runiittn; of 011 tar or
ether refuse into Oil Creek or tributaries.
Empowering guardians to lease min
eral lands of wards in Mercer county.
Prohibiting gift enterprises in Crag -
:.,,:ford county.
Extending leasehold and mechanics'
lien law of Venango to Crawford, War
ren and Clarion.
Authorizing Apollo Boro. to borrow
$5,000 for a bridge over the Kiskiminetas.
Requiring Aldermen in Philadelphia,
Pittsburgh and Allegheny to provide
personal Aldermanic seals. -
Extending the time for the commence
ment of Pleasant Bridge, Warren county.
Incorporatieg the Farmers -and Me
chanics Association, Brownsville:
Repealing the second section of the act
relative to electien precincts in Alleglia.
Jay county, passed February 28th, 1868. -
.Creating a town, council in Leechburg,
Armstrong county. '
THE CAPITAL.
(137 - TeleZt7aDh - to the Pittsburgh Bazette.l
WASHINGTON, February 10,1866..
A. very important vote was taken to
daY in the Committee on Reconstruction,
the ; proposition beteg to admit Missis
sippi with her present. Government and
with the Constitution &awn for it by the
last Convention, hut voted down by thio
people.. The vote of the Committee
stood; the proposition, Messrs. Bing
hunt, Verrill ;and' Paine; against it,
I s iesars. lloutwell, Brooks, Beck, Bea
and Farnsworth.
?OPPOSED TO i REDUCTION,
Governor ,I*olden,
,of .Piorth Carolina,
on behalf or the lovaliats of that State,
has teleltraphad to•Nbrih Carolina Sena
tors to oppose any bill reducing the Fed
eral army-whinh may _result. in the re
du.ctiiiin of. tbo‘ garrison at thai place.
rizriunn ritoz szitvlcr , .
'Brevet BrigidiertGeneral Thos. Leslie,
Major, and - Paymaster United States
'Army, has be e n•ritired from active son
• vice.
.112
ATuiNED.
Uen.Eiran€ arrived ,thlifevening.
• The Canadien-Aseassiii..
' - isecetlen Taney.
CBI Telegraph ta:thellitabtligitle,eitte. )_
OrrAwA, Fehrnait 1%4 1 .Ni/halm made
'a statement last.night to the County At
tornev and 'Police Magistrates Ibat he
was present when McGee was killed, but
did notlire the shot. Mrs. Whalen via
- ted her husband to-day,' in company
with his spiritual advisers. She is very
Mich - excited: The hour for execution
to-morrow is dud at 12 M. Mrs. Mc
. Gee has written a letter to a gentleman
in this city requesting hilt to visit Wha
len, and say she freely forgives him, as
his punishment will be ample for the of.
fence. Whalen ia expected to make a
• smack to.morrow. fie reads his prayer e
wit "wok • and Bible w attention, and is
v i sited bYtlie Grey /CP%
SECOI6 . " ElliTIO.1•0
FOlOll. O'CI,OCIC. A. M.
FORTIETH CONGRESS.
rrantif sEssios.i
Counting of. the Electoral Vote
for President and ``ice.Presi
,
dent—Joint Convention of the
Senate and Boute—Vdte of
J.ouisiana Objected To but Be
i
ceived—Stormy Scene in the
Convention, lin which Mr.
, Butler, of Massachusetts, was
the Prominent reatttrez-The
Vote of Georgia the Bone of
Contention—Grant and Col
fax Declared Elected.
[By Telegraph to the Pittsburgh Gazette.)
Ws.setizierox, February I'o, 1869.
HOUSE OF REPRESENTATIVES.
This being the day when the formality
of counting the Electoral votes for Presi
dent and Vice President takes place in
the House, there was a great pressure to
obtain seats in the gallery, and long be
fore noon every position in those por
.
Lions that were open to the public was
occupied. The doorways were blocked
up and the corridors were thronged
with persons seeking to gain admit
tance. Many ladies occupied places in
the gentlemen's gallery. Two rows of
seats in the ladies' gallery on the south
side were reserved for the families of the
President and Vice President. The
southwest gallery i- Was occupied exclu
sivelesby the ladies of the funtilies of
members and Senators. There were
only some half dozen persons in- the di
plomatic gallery, and but very few col
ored persons were present. No special
: arrangements were made in the hall for
the accommodation of Senators, 'the in
tention being to let them occupy the
seats of members nearest the Speaker's
chair.
The proceedings' were opened- with
prayer by Chaplain Bovntou.
Mr. FAWNS WOR ni obtained the con
sent of the House to' hive ladies admit
ted to the cloak room. The practical ef
fect of it was to Kaye the spaces in the
ball outside- of the range of members
chairs immediately occupied by ladies,
and in many instances to have the chairs
of members so occupied.
- Mr. ' SCHENCK, at 12:40, offered n
privileged resolution, directing.the Clerk
to.inform the Senate that the House was
in session ready to receive that body, for
r the purpose of proceeding to- open the
vbtes of Electors of the several States for
President and Vico President.
The New York and Washington air
line :railroad' bill came up' as the first
business in order.
Mr.YHELPS moved to lay it on the
table. Negatived-62 to 111.
Further proceedings were Interrupted
by the proximity of the hour for joint
meeting, and the Speaker had the rule
read which regulates the arrangement of
the Hall for such purpose.
The Dsorkeeper announced "The Sen
ate of the 'United States."
The Senators advanced two by two up
the main aisle, the members of the
House standing, meanwhile, and took
seats in the portion of the Hall assigned
Senator WADE, presiding officer Of.
the Senate, took the Speaker's chair, and
the Speaker took a chair beside him.
Senatier Conkling and Representatives
Wilson and Prnyn, of New York, occu
pied a place at the Clerk's desk as tellers.
The presiding officer, without a pre
liminary motion. or formality, handed
to the tellers the electdrial vote of New
Hampshire, open.
Senator Conklin read the certificates
in full, the result being. that New Hamp
shire had given for, Ulysses S. Grant of
Illinois five,votes for President', for
Schuyler Cofax, of, Indiana, five votes
for Vico President.
Senator Sumner and P.epresentetive
Washburn*, of Illinois, rose at the ,same
moment and addressed the Chair -
The Presiding Officer—lf there be no
objection, the reading of formal certiti- .
cates will beonaitted. unless required by
some members. , . -
'Mr. SUMNER—I was Wing to make
that motion .
The vote of Massachusetts, twelve, was
next announced by Mr. Conkling, and
the votes of Rhode Island and Connecti
cut, six and:VermOnt five, by Represen
tative Wilson of lowa, for Grant and
Colfax.
The vote of New York was then an
nounced by Representatitte' Pruya as
thirty-three for Horatio Seyinour of Now
York for President and.Frencis P. Blair,
Jr., for Vice President. -
'lbis announcement appeared because
considerable amusement on the flair end
galleries,, but there was' no. violation of
propriety—nothing - but 'a very palpable
suppresaion of a tendency to indulge in
a hearty laugh. e •
The vote of New Jersey was ,next an
nounced by Representative Pruyn; seven
for Seymour and Blair.,
The
The vote of Pennsylvania was next,
'Announced by Senator Conkling; twenty
six for Grant aud.Colfax. , ,
The votes of three, and
_Maryland five, were annonneod by Rep
resentative vruyn, all for Beyrnolir on&
Blair. In the Certificate from Maryland
there:wasyn orpission, of the word ••Jun
ior" in the "nom of . Mr. Blair, which
omiselon,„ on its being made known,
caused dodee laughter.. -
Representative WOOD appealed to the
Chair to preserve order in the assembly.t
The votes of North Caroline, nine, - and
South Carolina six, were next announced
by RePresentatitte Wilson, as being given
for Grant and Colfax.
- -The yote of. Kentucky, eleven, was an
nounced.,by, Representative for
Se,ytnour and Blair. , ,
'rte vete of Tebnessee, ten; 'and Ohio,
twenty-one were atutunced bei' Repre:
sentativeNilson, for rant and Colfax.
The; presiding officer _having handed
to the teller the vote of Louisiana,
Representative Mullins 'rose and said—
Mr. President, I ask the,,reading of the
certificates accompanying the report.
The Presiding Officer—Let it be read.
The certificates of Louisiana were read
by Representative Pruyu. The word
"Jr." was omitted in the • name of Mr.
Blair, and the word "'States" omitted in
the term "United States,"
Tho certificates having I)eets, road, Rep
-1
PII".ESBURGEI THORSpAY, FEI),!iITARY 11, j.E69
r fiitittive MULIA'N'4 rase and naid—,
Mr. Presitient, oltisete to the-connting
of theivotegt - from the State _of Louisiana.
The Vice P,reident directed the read 7
ng of the Twenty-second Joint Rule;'
which protides that when in Joint Con- -
yew ion any anestion shall arise in Xef
ere nee, to counting votes; the Senate algal:
thereupon withdraw and the question be
submitted to that body for its decision,
and the Speaker of the House of :Repre !
sentathes shall, in like 'manner "submit
-the ques•tion to the House. ,
Mr. ELDRIDGE, rising to a point of
order,-insibted the-rule -was in violation
of the direct terms of the Constitution,
and he called attention to r the twelfth,
amendment.
The provision of the Constitution Was,
that the President of the-Senate-shouid.;
in the presence of the Senate and House
of Representatives, open all the certifi
cates, and that. the votes should then Li
counted.
The Presiding Officer —This rple has
been adopted by both Houses, arid there
fore the Chair will no4enterttun the ques
tion of order.
Mr. WOODWARD—I rise to a quoit-
Lion of order, which I think will be , en=
tertained. I subuilt that the objection
coming from the gentleman from Ten
nessee don't raise the question contem
plated by that rule. There must be
some specific objection made, and until a
specific objection be made there is no oc
casioa for the Senate to retire.
The Presiding Officer—lt will be ob
served that the rule says, "if any ques
tion arise." An objection without any
reason for it hardly appears to the Chair
to be a reason. The reason will be stated
in writing, so the Chair may know what
IT!
Mr. WASHBUR NE, of Illinois—l Dope
the gentleman from Tennessee will with-
draw his ohicTtion.
Mr. MULLINS--So sir: I-cannot.
Mr. SUM.NER=I would inquire of the
Chair whether we cannot pass ,over the
count of Louisiana informally and pro.
teed with the rest of the count?
Mr. WOOD—Go on regularly, Mr. Pres
ident.
The Presiding Officer—No debate is in
order until the. reason for the objeetiOn is
presented.
Mr. SAULSBURY—I call for the rea
son of the objection.
Some moral suasion was in the mean
time being brought to bear on Mr. Mul
lins to induce him to withdraw his objee ,
Lion, but he sternly refused to withdraw
it. A formal objection having been fur
nished by him it was read at the Clerk's
desk, as follows:,
"I object to any count of the votes cer
.tified from the State of Louisiana. and
raise the question in relation to it. that no
valid election of electors for President
and Vice Prealdent'of the United States
has been held in said State."
The Presiding Offleer—ObjeCtian Wog'
made, the Senate Witt retire to its °ham
-her and , deliberati; ml- ti objection ac
cording to rules.
me Senatols then, at half past one, re
tired to the Senate - Chamber amid 'con
siderable excitement and confusion.
The pea - ervi a n called the House
h
to order, had the twenty-second joist
rule read, and said . the -question was,
i•Shall the vote of Louisiana be counted?"
Mr. WASHBURNE, 111. Is. it in order
to move to lay the objection on the table?
The Speaker—lt is not:
Mr. JONES, of Ky., demanded the
yeas and nays, which were ordered.
The vote was taken and resulted yeas
137. nays 63, as follows :
Yeaa—Messrs. Allison Ames, Axtell,
Baker, Barnes, Barnum, Allison,
Beatty,
Brack, Benjamin, Benham, Blaine, Blair,
Boyden, Bciyer, Broomwell, (Illinois,)
Brooks, Broomall, Buckland, Burr, But
ler. (Tennessee,) Cary, Chandler,
•churobill, Coburn, Cullom, Delano, De
wees, Dickey, Dixon, Dockery, Dodge,
Eggleston, Eldridge, Farnsworth, Ferry,.
Ferries, Garfield, Gletz, Gloss rennet,
Golladay, ' Grit:nes, Grayely, Grover,
Haight, Halsey, Hawkins, Heaton, Hig
by, Hill, Holman, Hooper, - Hopkins,
Hotchkiss, Hubbard, (lowa,) Hum
phreys, Ingereell, Jenckea, Johnson.
Jones, (New York,) Jones, (Kentucky,)
Judd, Kelly, Kellogg, Kerr,
Ketchum,
Kitchen, Knott, Koontz, Laflin, Lash,
Lawrence, (Pennsylvania,) Lawrence,
(Ohio,) Lincoln, Logan, Loilgiarldge,
Mallory. Marshsil, Marvin, McCarthy,
McCormick, McCullough, Miller. Moore,
Moorhead, Mungen, Newcomb, Niblack.
Nicholson, Norris, Nunn, Peters. Pike,
Phelps, Pile, Plants, Poland,: Poleley,
Pride, Friuli, Randall, Raum, Robert
son, Ross, Sawyer, 'Schenck - , - Scofield,
Seleye, Shellabarger, Sitgregives, Smith,
Spalding, Starkweather, Stewart, Stone,
Stokes,
Taber, Taffe, 'raptor, Thomas,
Taft, Trimble, (Tenn.,) Trowbridge,
Twitchell, Van Aniten;Van Horn, (New
York,) Tan TrUMP, Washburne, (Ill.,)
Washburn°, (lass.,). Welker, Wilson,
(lowa,) Wilson; (Ohio,) Windom,Wood,
Woodbridge, Woodward, and Young.
Nays.—Messrs. Ashley,' (Neb.), Ash
ley, (Ohio), Banks, Benton; BlaCkburn,
Boles, Boutwell, Bowen, Buckley, But
ler, (Mama), Cullam, Clarke,
(Ohio),
Clarke, (Kan.),-plift, Cobb, Cooley, Co
vode, )awes, Donnelly, Driggs, Earley,
Edwards, Ela, Eliot, (Mass.), Eliot,
(Ark.), Fields, French, Hamilton,Hard
ing, Houghey,Hubbard, (W. Vs.), Hub
bard, (N. Y.), Hunter, Julian, Kelsey,
Loan, Maynard, McKee. Morrelli Mut-
Newehana, Orlin, Orth, PAULEN , Per
ham,' Patton, Pierce,. Prince, 'Shanks,
Roots, Stevens, Stover, Upson,. Van Aer
nam, Van Horn,"(Mo.), Van, Wyok, Vi
dal; Ward, Washburne,(lnd.),Williams,
(Pa.),
.While t ip vote was being taken,. Mr.
LAWRENCE, 0., addressed the Spnak-
Or And desired $o submit tfrproposition.
The Speaker declined to o)ntertain it.
Mr. LAWRENCE desired to make ob
jection to any announcement of • the re
sult of the :vote.,: ri ,
The SpeakerL-The Chair' decline s ,to
entertain it. The objection made by the
gentleman from Tennessee (Mr. Mul
lins) at the joint pniCting,7Of the two.
Houses, to the vote of the State of Lou.
Islam being cotiuted t having been sub- ,
mitted by the. Speaker to the Mime un
der the twenty-sebond •jOint ruleoand
the vote on, Abe fitmtion ; whether it
shonld tie received being . yeas 137, nays
63,_the House of Representatives decides
it-ahall be ootinted,..andrimosilage to that
effect will be-sent.m_ikeSenate.
Mr. JONES, gy,'lnoVe'd to reconsider•
and on hie motion .that motion laid on
the table.
The following' is the objection which
Mr.'-Lawrence;.desired. to make:
make the pollit•of order and of constitu
tional law, that no objection can be made
or outerteined to counting the electoral
vote of any Ste*, except that there is no
such State entitled to vote, or that the cer
tificate transmitting the vote is irregular
in form, or that the vbte was not given at
the tiuie'or in nOnner rt qatred by avv,
or by electors r-b.:ew.'t to -he duly el(qted
. .
and competent, even ilpon sufficient bvc
demoe, to prove that - the electors were
chtigen by fraudulent !totem, or that an
election is irregulai or itiv,ilid,' W 1 ea
duly certified. until a law...regulating:tie
subject- is ouacted, and no vote of the
Souse can be taken to decide the objet •
lion\ now made."
. Mr. SCHENCK asked consent to Offer
a eesolution. It was:
Besofved by the House, that no' proof
being famitily admitted to sustain, the
objection made to counting the votes, of
Louisiana for electors of Prestobnt and
'Vice President, this House, without ac
firming or denying anything in relation
to the, manner in which the election of
:WO electors was conducted, decides that
no reason appears why the vote, of said
electors should not be counted, and that
in' the C4lllllOll otthe Rouse 'the same,
should'therefore be counted.
objection was inane by Messrs. ELD
RIDGE. BUTLER, (Mass.), WOOD And
WHITTEMORE. -
Mr. SEIA.NKS. of Indiana, asked leave
to offer a resolution declaring that' in the
opinion of the Hduse the acceptance of
the vote of Louisiana for President and
Vice President will encourage th&crimi
nal enforcement of elections inthe States
lately in rebellion and involve the mur
der of thousands in those States. II
Objection was made.
Mr. MULLINS asked leave to submit
a few remarks.
Mr..RAND.kLL objected.
At.guarter past two, a message was re-
.
ceived from the Senate notifying the
House that the Senate had resolved that
the electoral vote of Louisiana should be
counted.
• Immediately thereafter the. Senators
returned to the ball of the House, the
members of the House standing while
the Senators wire taking their seats.
The presiding °Meer announced that
by a concurrent resolution of both
liouses the vote of Louisiana should be
counted
It was thereupon announced 1y Mr
Prayn, seven for Seymour and Blair.
The votes of the following; States were
then announced by the telleis; Indi7
ana, thirteen; Illinois, sixteen:Alabama,
4:1 1 m
eight; Maine, seven: Id ond, eleven;
Arkansas, five; Mlohiga , eight:Florida.
three; Wisconsin, nine; owa, eight; Cal
ifornia, five. and Minn )ta four, all for
Grant anti Colfax; Grego , three fors!ey
molar and Blair; and We t Xirginia, four,
`Neiktda, three, and Nab asks; three, for
Grant and Colfax: - ' ' '
' The presiding officer 4tivine handed
the teller the electoral veto of Georgia,
- Mr- BUTLER. Massachusetts, roe and
_asked for the , reading of the certificate.
,Ttie- Presiding Officer—Leg the certifi
cate be ritiid.
"The certificate was read by Mr. Pruyn.
It shois that a meeting. of the electors
was heiden Slut 9:h of Derember, instead
of the 2d; and that the nine votes were
given for Heymoni and Blair.
Mr. BUTLER I object to the vote
of the State .of Georgia being counted,
and I send, my objections in writing •to
the chair.
The objections were read by Mr.
Pruyn as follows:- I object under the
joint rule thai the vote of the State of.
Georgia for Pr.. ident and Vice President
ought not to be counted, and I object t
the counting thereof, -because, first,
among other things, tee vote of the Elec
tors in the Electoral. College was not
given on the first Wednesday in Decem
ber, as required by law, and no excels°
in justification for the, omission of such
legal duty Is set forth in the certificate of
the action of the Electors; second, because
at %bedew of th'e election ofstich Electors
the State of Georgia had trot been'admit
ted to representation as a State in Con
gress since the rebellion of her people,
because not entitled Monett); 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, 133 as to entitle said
State to be represented as a Statel_of the
Union in the electoral vote of the,several
States for choice of President and Vice
'President; fourth, .that the election_pre
tended to have been held in the. State of
Georgia on the, first Tuesday of Novem
ber last past Was not a free, pis?, equal
and fair election, but the peop_e were
deprived of thtir just rights therein by
force andifraud.
Senator *DRAKE—As the objection
will require the retirement of the Senate
to', its chamber, I send an objection' to
counting the vote of Nevada, which may
go at the same time. -
The Presiding Officer—The objection is
t3o . late; the Note of Nevada has been
counted.
Reprtsmtative Pruyn, by direction of
the presiding officer, read the concurrent
rasolution of the two Hoases in relation
to counting the vote of Georgia.
Mr. EDMUNDS made the point of or- ,
der that the objection was not in order,
the two Hones having by spegial rule in
the case of Georgia made a substantial
change in the standing joint rule.
Mr. BUTLER—I desire to call' the at
tention of the President;to the law that
votes must be counted or rejected by the
convention of the Houses.
Mr. WOOD—I, call the gentleman from
Massachusetts tb order. The rule forbids
discussion: -
The Presiding Officer ;"Debateis not in
order. .
Mr. BUTLER—Have I not "a right to
'state the question?
The Presiding Officer=The gentleman
has stated his objection in writing.
Mr. BUTLEI4—And the gentleman
from Vermont (Senator Edmunds,) did
not state his in writing. [A palpable hit,
which was received with much laughter,.
the presiding milicer contenting himself
for all responSe with the exercise of the
M. BUTLER—I claim, as a point of or
'der, that the objeetion of_the Senator
from Vermont is not well taken and I
desire the qnestion to be, deeldeeby the
,two Houses.
The Presiding Officer, (speaking With
much hesitancy )—The Chair Is very much
disposed to hold the Senate and Hodse to"
-their own•doings, to the:joint resOlution.
which they passed, the purport of which
is, live understand it, that if the votes
of the State of. Georgia did not alter the
result of the election thejr might be
counted, and if they altered the result,
they were not to be counted.
[This simple, natural end explicit state
ment of the concurrent resolution
brought down the house,' and on the
floor and in galleries there was a general
outburst of laughter and merrimentom.
companies:l by clapping bands, stamping
of feet, and uproarious mirth.)
Mr. DRARL—I submit the point of or
order, that the concurrent resolution
does not dispose of the first ground of ob
jection taken by the Representative from
Min-machuseits,lo wit: 14na the vote or
(leorpia was not ett , t on the Nti ty required
by law, and I insist, the! e that Ow
mint - must be determined Ly ilvote of
the two Houses separately.
The Presiding Officer—The concurrnt
resolution declaring the vote of Cent. rot
shall be pro' minced by the Vine Presi
di nt pro teat in a certain spool it way,
the Ch tir is very mush disposed to obay
the direction of boiu branches of Con
grt ss in this matter.
Mr. BUTLER—With great respect for
the decision of the Ch tir, yet as this is a
matter of high constitutional law, and as
in other times .it might inako great
trouble, I propose that the matter shall be
considered in both Houses.
Exclamations of "no," “no," ayes,"
“yes," from oppoSite sides of the Cnam
bar, Senators who were on the Demo
cratic side appearing to have formed a
junction with the, Democrats of the
I:rouse and with a considerable number
of Bhpublicans who were adverse to Mr.
Butler's position- '
The presiding officer rose to face the
storm, and irresolutely, and as if he felt
himself utterly embarrassed by the per
of Mr.. Butler; took his sea)
again without venturing to express an
opinion or make a ruling. 'These - inci
dentalleprovoked considerable laughter.
Mr. JONES, of Kentucky, as if to add
to the complications of the question and
to the embarrassment of the presiding
officer, put forwsrd an objection to count
ing the vote of Georgia in the manner in
dicated in the concurrent resolution, and
said he would. proceed to writeout his
objection in due form. He submitted
that under the twenty-second role he had
aright to object to that concurrent reso
lution, especially as it was passed subse
quently tothe election.
While Mr. Janes was sitting down to
carry out his threat, the Presiding . Offi
cer, as being the eatiest way of settling
the difficulties by which he was beset,
rose and said, that objection being made,
the Senate would'rotire to its chamber
and deliberate.
Representative SCOFIELD—On shat?
['Laughter.]
The Presiding Officer—On the objection
made by the gentleman from Massa
chusetts. •
Mr. JONES, as he saw the Senators '
rifling to detain, demanded to know
whether his objection was not in order!
The -only response he received was a
repetition of the. order that the Senators
should retire, and accordingly, at three
o'clock, the Senators retired from the ball
of the .Houge, looking anything: bet
pleased, with a ldightly perceptible di
minution of official dignity.
After the Senate had retired for the
second time, and alter the objection made
by Mr. Butler to counting, the vote of
Georgia had been read again at the
Clerk's desk; the Speaker put the ques
tion, 'Shall the Tote utGeorgia be count
edynotwithsttmding the Objection of the
gentleman f ow Massachusetts?"
Mr.' ELDRIDGE rose to apoint or or.
der. The presiding officer of the Joint
Convention had twice decided not to re
ceive obje tion to hold the Convention to
the directions of the condkirrent resolu
tion, and the two bodies had separated.
Ile insisted, not -on the objection of the
gentleman from Massachusetts, (Mr. But
ler,) nut on that made by the gentleman
from Kontudky (Mr. Jones.)
Mr. , MAYNARD submitted that that
was not a question of order, but a mere
issue of fact.
The Speaker—The point In reference to
the decision of the President of the Sc-n.
ate must be submitted to that officer
when he is occupying the Chair in his
of capacity. The Speaker does not
rule on the rulings of the. President of
the Senate. - '
71er. ELDRIDGE—The difference. be
tween the Speaker of the House and the
presiding officer or the joint Convention
can have nothing to do with the ques
tion, except that we are to act'ort what
was done by the Convention, and the
Speaker is aware of the fact that the, pre
siding officer of the joint Convention de-
Added twice against points raised by the
gept eman from Massachusetts..
Tue Speaker—The opinion of the Chair
is the - same as before announced. The
point on which the, Houses separated
Was on the objection made by the gen
tleman from Massachusetts. The Presi
dent of Abe Senate, as members knew
very well, hesitated as to the chnstrue
tion of the ioint rot.olution, and dually
decided the Senate should retire. The
decision and the retiracy were both on
the point of the objection made by the
Ontleman from Massachusetts.-
After further points of order had been
raised by Messrs. Mungen and Farns
worth, and overruled by the Speaker,
the question was taken on the direct
question, whethec the vote of Georgia
:should be counted, and It was decided in
'the negative by a vote of yeas 41,n ays MO.
The only Republicans voting yea were
Messrs. Baker and Ittwkius.
The House then disposed, by unani
mous consent, of a considerable routine
of bLsiness.
Mr. YOUNG, of Georgia,
declared he
entered his solemn protest, in the name
of the people of Georgia, and in the
name'of the Constitution, against.the ac
tion on the vote of that State.
The SPEAKER remarked that it
would appear in„tbe proceedinga in the
Globe, but coup not go on the Journal
of the House.
After waiting •patiently about an hour,
and as there was no sign of theleturn
of the Senate,
•
Mr. THOMAS, Md., offered amotion,'
which he said would enable the House
to extricate itself from the unneoessery
entanglement in which it had got, viz:
to reconsider the vote by wliich Georgia
was excludtd from the count
The Speaker—Did the gentleman vote ;
with the majority?
Mr. TEiOMAS —I did. ' ' • - -
The Speaker 'Then the motion is in-or-
Mr. THOMAS-Will the' chair allow
me one einkle moment? I • 2
The Speaker—The'questkin is not de
.batable undeithe i joint nth). • •
Mr.-THOMAS- 1 have risen to 'a par
lintnentary inquiry. I was shout to ask
the Chair whether it is competent for the
House to vote to supercede the co. cur
rent resolution of both Homes?
The. Speaker—As a reply to that ques-,
tion would Anvolve a discussion of the
question or what transpired: with the
joint C n uvent ion, oVer which the Speaker
has hifi poWer, the Chair must decline to
answer. The Chair' oan 'only Masiver
questigns affecting the House.
Mr:VHOSIAS—I suhutit the motto: to:
reconsider, and will let'each member adt
o r , his 4 063, responsibility.
-DIC,KBY—I move to lay, the Vie , '
Lion on the table. '
The HORN proceeded to yoteby yeas
and nays.
During the vote a message, was - rt.
MEM
cep. e —:------ F. tom the Senat announcing it had
' ' '' '
resolveri that the o tjention made . to
colt Mlle: lhe vote of G urgia wsaihtirder.
Mr. WOOD moved he furtuer taking
of the vote be dispens d_with: '
The Senators. being in 1 writing, the
Speaker ruled that the call of the roll
could not he arrested, except by the con
stitutional expirat ion tCongreee.. l
Mr. BUTLER—Not ! Let tire:House
stick-te• Its dienity. --
, Trie vote wascou
to reconsider was
yeae, 57 rraYs.,..
The follewini Rt )tedi with
the Dewocrats agai i 'the ta
ble: Messrs. Batt Beatty,
Bingham, Boyden, ._l . Haw
kins, Hubbard; (re 1, Keteds
una "Koontz Lief ilvanitt,)
Moorhead, Pile, I ...pen,. (Illi
nois.) Windom. , . • N •
The Speaker,. at 4:25 - annottrided that.
the Houee wotattreceiye the•Stnate. .
The Senators-entered the hail h3r the ,
third time, and . Senatr Wade; as pre-`‘
shift g officer, called - i,he joint - Conven- N
tion to order, oud , artsmuncedi that the
objections-of the gentleman from Massa
chusetts were overruled by the Senate.
The Presiding Office .--The. Chair de
clines to-receive the obectiontr, and the •
.1
tellers will make out he statement of
votes as directed.
[Cries of: "no," "no; and- "ye ,"
eyes," and great confusions and- SSC te
mein.]
Mr. BUTLER—I appeal from-Ike e
cision of the Chair to-the Convention
[Cries of order by Mr. W00D,.. e
will see whether we- have any rig is
here." Whispers of approval and n
coaragement.]
Mr. BUTLER (renewing the attack
impetuously)—Mr. President, Ilrile to a
question of order. ..
The presiding officer, vainly attempt
ing to ignore the question, directed the
tellesseo go on with the cstint of Georgia.
Mr. BUTLER,- deter' ined , nee: to- be
set aside in that way, s. id.:- Mr.- 'Presi
dent, I desire to state th t the Ileusesns
tan the object!tms of the gentleman from
Massachusetts, and I s omit a resolu
tion. We don't Comid r we are to be
1.
overruled by tie Senate in that wey.
[Laughter andt mani.'.Ostnilen , of ap
proval and encouragement,
.froth MU ,
rounding meraltsrs.] . • ~ r
The presiding onicer, oontinning r not
to mind Mr. Butler, and addressing the
tellers, 'who were slew to Obey, said:
The tellsre will make ottt the-statement
as the concurrent resolution direots.
Mr. BUTLER. (cleterrninedly),--Does
tue Chair sustain my resolution?
The Presiding etrucer.,(dedsntly as if
he felt considerably 'noyed)f--1410 not.
lLaughter.] , ,
. Mr. BUTLER—The Isppeal from the
decisionofthe Chair. ,•.
The Presiding Oilic —Tie Chair does
not eitterealie the appea .. "[ Laughter and
encouragement from t is •'senatorial side
of the chember.j...„ I•, -, .
Mr. BUTLER, OsersLtentlyl—Does the
Chair hold, as a mattered order, that the
Senate can rule the' Houser . _ fCrie of
eorder," eorder,"...from. tbe_SenatOrial
side of the chamber, sinifenbcnragement
from the opposite , side.) -:" • ' '-
Mr. FARNSWORTH—Fria , to a ques
tton• of order..
51r...BUTLER (without alktwing Mr.
Farnsworth-to go on with , the question
of order, and pushing hie. coat,. sleeves
up to hie elbows, as if preparing for an
encounter and deternimed to - • hold his
own,) weit on to say: I do nets under
stand that the- Representatives of the
people can be so overruled: [Loud
shouts of order.) I raise the question of -
order, she.. I trunk , the decision of the
Senate shall not overrule the orders
and resolutions - of this -Honse, and I
kno'w thatltherein speak the sentiments
of the Howie. (Turning- to members
around: him.). Do I not - [Conflicting
declarations of 'the does," • "he does not,"
and increasing : confusion- and ',excite
ment.]. Now, sir! (he continued, ad
dressing the , :t presiding ' offichr,, who
seemed overpolverad by the intnetuesity
of the attark„and was silently e
to be back in the quiet and sedate Senate
chamber,) shalt we have this, unseemly
scene. •
The Presiding Officer only answered
that dehate was not in order. -
Mr. BUTLER, [growing_moreimpetu
eas and less respi;atful;—l am aottdebat-
Ina it sir! No arbitrary_proceeMngs will
be suffered here.
The Presiding Officer—lf the gentle—
man is not ifiebatintr,„ he will take his
seat.. [This hit drew forth laughter and
.applause, which seemed to. inspire..the
presiding officer with fresh, courage to
meet and resist the attack.]
Mr. BUTLER—I ,ant not debating. I
appeal from the detision of the Chair.
The presiding (Meer,- (curtly)—The
appeal isnot entertained: -
' Mr. BUTLER, (in an appealing though ,
by no means tender moOd)-- - -I appeal
fiom that decision. ' • •
The presiding officer' deatio all such
appeal% again. directed the tellers to go
on with the count. •
Mr. :BUTLER persisted in addressing
_thochair. • • - •
Mr._ WOOD inquired whether there
was not a' Sergeant-at-A.rma attached to
this body, and expressed the hope he
would exertise bis authority.
,'SHANKS inquired it it etas not in,
' order to call for' the reading lathe rules
-governing this hddY?
The- presiding (dicer replied it tirfta
hir.lNGEßSOLL,(tuningio the aid of ,
. Mr. Butter)—l object to any further pro- •
iceedinge on the part of thle body until
that•appeal Is entertained and action had •
onit by this body.t. , •
• • The PresidingOfficer—The tellers Witt
`declare the vote. .• '
'Mr. INGERSOLL—An appeal has been
taken,. . - •
The Presiding Offieer- - Aii:appeal can't -
be taken. I . '
Mr. DUTLER—M.r. President—
' Presiding OftlOorlytheffent.leitinfrom
Massachusetts. Will resume h ' seat.
[Great confusion and' excitemen .1 The
,gentleman Dom , Massachusetts will
come to order. •
-- lir. BUTLER (deftantiv)--I am in or
, der, sir. Mr. Presldintipldesise ibexes&
' log of thojoint rale,Ort the.cotinting of
the vote, which expressly states a-vote .
whictris objected to cannot be counted
except by concurrent Note or both
Houses.. This . House has *Med it om i t
Mrs COVODE`(encourtigitigiv).-That.
is the point. . . -
Mr.. BUTLERNow, -- I do not kreive
any power that the President of the' Sea
ate has :to overrule. the: Ade and the_
reSolnt,,rt
lo,of the Rouse. _
The -presiding officer, pendsting in
never minding Mr. Butler, ailed '
(coi:Lunuea . n voiku.l.lPap,'
.~,t~`,
emotion
xeift-117