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, NUMBER 41.
VOLUME LXXXIV
FIRST
TrI7VIIII4IrE. O'CI..O4CH g M.
;HARRISBURG.
Proceedings of the Legislature
—Local Bills Introduced—Bill
for New County Passed the
Senate—lmprovement of Pub-
lie 'Buildings of Allegheny
County—Bill to :Authorize the
Chnnge of the Death
*Punish
ment to Life Imprisonment.
[BY Telegiaph to the Pittsburgh Gazette.)
HARRISBURG, February 11, 1869.
SENATE. •
• BILLS INTRODUCED.
By Mr., GRAHAM: Vacating Borland
alley anffipart of Harding street, Alle
gheny City.
By Mr. TURNER: Joint resolution
urging Congressmen.to vote against fur
ther grants of public lands or bonds to
railroad companies. •
By Mr. ERRETT ; Making the bail
entered in actions at law for stay of exe
cutiog a lien upon real estate; authorizing
Braddocks borough, Allegheny county,
to borrow money and levy additional
taxes" for improving public buildings in
Allegheny county, and enabling the.
County Commissioners thereof to pay
for the same; relating to the sale of goods
by sample in Allegheny county.
By Mr. SEARIGHT: Separating the
office of Prothonbtary of Greene county
from,Clerk of the Orphans' Court and
Quarter Sessions; authorizing school di
rectors of Connellsville to borrow money;
providing for the better security of pas
:-,sengers on railroads.
By : Mr. .BROWN, of Northampton: Re-
pealing so much of the commutation
tonnage act of - 1861 as prohibits tax on
freight on the Pennsylvania Railroad,
unless a like tax be imposed upon other
roads.
By Mr. HENDERSON: 'Requiring the
Pennsylvania Railroad Company to pay
legal interest on all taxes of said Com
pany held by them. =
By Mr. FISHER: Resolution instruct
ing :the Committee on Retrenchment
and - Reform to inquire if the laws and
documents cannot be sent more econom
ically. Adopted.
- NEW COUNTY SILL. •
Mr. IPWRY called up the bill erect
ing a• new county from parts of Craw
ford, Vemmgo, Warren and Forrest
counties, to be called•Petropmno. Passed
finally and sent to House.
Adjourned till three o'clock P. 311.
At the afternoon Session nothing of
importance was done, except the pas
sage to second reading of the bill creat
. lug a Board of State Charities.
HOUSE OF REPRESENTATIVES.
BILLS INTRODUCED.
By Mr. VANKIRK, of Washington'
Auttkorizing the Commissioners of Wash.
ington county to lease certain public
grounds to Washington borough. Pissed
finally.
Also, authorizing Washington borough
.
,tip borrow money for a new town hall.
• 4
Passed finally.
By Mr. WILSON, of Allegheny: Sup
plement to the ninth section of the act of
1868, revising, amending and consolidat
ingthe laws taxing corporations, &c., liy
which- the tax on, anthracite coal, pur
, chased or mined, is increased from four
to fifteen cents per ton; supplement , rela
tive to the sale of liquors in Allegheny,
givinsr the one-half of the 'fine recovera
ble by the informer to the Work House,
•) and requiring the information to be
made before the nearest Justice.
By Mr. HUMPHREYS, of-Allegheny:
Authorizing the authorities of Ormsby
to grade, pave, &c.,, and assess coati
'BY Mr. MORGAN, of Allegherry; Re
lating to the militia, and reducing the
minimum number of a company; reliev
ing John Fess, contractor, of Allegheny;
extending vehicle license laws of Pitts
burgh and Allegheny to Sharpsbiarsr; au
thorizing Sharpsburg to borrow money:,
relative to grading and paving in Sharps
burg.
By Mr. KERR, of Allegheny: Author
' it the School Directors of East Deer
township, Allegheny county, to levy a
bounty tax.
By Mr. JACKSON. of Armstrong : In
corporating the Allegheny Valley Insur
ence Company; authorizing and requir
ing Bank officers to open all packages
and, special deposits and make state
merit thereof to the Auditor General.
By Mr. PORTER, of Cambria : For
the removal of the county seat'of Cam
bria from Ebensburg to Johnstown.
"By Mr.,HERR, of. Dauphin: Estab
lishing a method of inquiring into the
" origin of fires', which, gives Mayors, Al
dermen and Justices the powers of a
Coroner in such inquiries, with Jury. &o.
By Xi... JOSEPHS, Philadelphia ; In
corporating the Philadelphia Elevated
Railway Company. providing for- two
tracks on Market street fifteen feet above
ground, on pillars. •
By. Mr. STRANG : Resolution to pay
Mr. Bann 1961,67 for witness fees in
the:case of Bunn against Witham. _
Debated, and on motion of Mr. McGIN-'
NIS, referred to the' Ways and Means
Committee. . ,
Mr. WILSON, of Allegheny, said the
amount was extraordinary..
Mr. HU.NTER,of Westmoreland, offer
ed a 4 resolution, recalling - the bill giving
Mr. Withinz,pay for the whole session.
Lost---yeas 40: nays 47.
Among the bills reported affirmatively
was one authorizing the Governor to
remit sentences and reduce the sentence
of dijdth to life Imprlsonmeitt or a term
of yens.
William C. Gordon, clerk to the Bunn.
Witham contested election.case, was or—
• dered to be paid $3OO.
Adjourned till seven P. 11.
~... The evening session of the Misuse was
• devoted to public bills.
- The supplement to the militia law, re
ducing the minimum number or a com
pany to thirty-two in time of peape, and
Imposing a fine of one dollar per annum
. 032 persons duly qualified, but not mem
bers, was fully 'debated and weed to
second reading'.
Mr. WILSON introduced a' bill ex
tending, the „Philadelphia law as to the
publication of legal notices to Allegheny
counvy. '
TILE CAPITAL.
Action of Congressional Com
mittees—TUt Paraguayan Af
fair—The Louisiath. Contest
- ed Election Case—Dr.Mudd l s
Pardon.
(Sr Telegraph to the Pittsburgh Gazette.)
, WASHINGTON, Feb. 11, 1869,
MORE RAILROAD BONDS.
The Government has agreed to issue
bonds for fOrty miles more road to the Un
ion Pacific Railroad Company, reserving a
large amount of first mortgage bonds for
its complete construction hereafter.
These bonds are .deposited in the New
York Sub-Treasury.
PARAGUAYAN AFFAIRS.
The SeCretary of the Navy to-day sent
to the House voluminous correspondence
relative to affairs in Paraguay. It , ap
pears that on the 4th or December Ad
miral Davis addressed to President Lo
pez a letter, in Which he says: "It does
not belong to me to define, or even con
sider, the status of Bliss and Masterman;
but on this subject your Excellency will,
Ido not doubt, repose confidence in the
justice and friendship of the United
States, which has afforded your Excel
lency many recent proofs of its respect
and sympathy."
Lopez replied : "Those persons were
criminals, deeply committed in the af
fair of a horrible conspiracy, very par
ticularly the fonder." He said he would
cheerfully consent to the delivery of the
criminals, provided it were requested in
a manner more in conformity with the
fact of their being accomplices of en-
Minister Washburne, and the first imme
diately acquainted with his intrigues in
the character of conspirator and agent of
the enemy, of which he is accused in the
national tribunals.
To this Admiral Davis responded that
it was no part of his official duty, either
to offer or to refuse any terms which
would affect the legal criminal condition
of those two persons. Again referring to
the friendship of the United States to
ward -Paraguay, he asked that Bliss and
Masterman be embarked on board his
vessel, subject.to the disposition of the
government of the United States, of
whose justice and friendly sentiment
President Lopez could entertain no
doubt.
Lopez acceded to the request, saying
however, it could not be complied with
in the sense of a reclamation, but of an
act of Courtesy on the part of the govern
ment of Paraguay towards the .llnited
States.
CONGRESSIONAL MATTERS.
The Commitpe on' Ways and Means
has agreed to report the House resolution
opening a conference with the British
and North American provinces as to the
naxigatlon of , the St. Lawrence and com
mercial intercourse, t eseining final ao
tion for Congress.
The same Committee has agreed to re
port a bill • exempting from duty the
Ocean Cable bought for the Collins Russo-,
American Telegraph, now in bond.
LOUISIANA BLECTION CASE.
The Election Committee of , the House
considered the Louisiana ,contested case
to-day. Mr. Upson, who is In charge of
the report, presented its points, wnich
were approved by the majority of the
Committee. They are, in effect, that
Simon P. Jones was _not elected, but that
Colonel Mann, deceased, was elected,
41 1
and that neither lonel Hunt nor. Mr.
Menard, who claim i der the recent
election, is entitled h eat, fraud and
intimidation having Myatt ted the elec
tion. There will .be also a minority
report soon. —" , .
DR. MUDD'B PARDON.
The pardon of Dr. Mudd, one of the
conspirators for the assassination of Pres
ident Lincoln, was, signed by the Presi
dent to-day and sent to the State Depart
ment, where it; ill receive the signature
of the Secretary seal of the United
States, and then be sent to the command
ing officer at Dry Tortugas, where it will
arrive about the middle of next week
and Mudd be liberated. -
INAUGURATION.
The Committee on the Inauguration
Reception have completed teir arrrne
ments. It will be glven h
in the no rth
wing of the United States Treasury
building, which being new and .admira
hly. adapted for the purpose, furnishes
superior - and ample accommodations.
General Grant, Vice President Colfax
and their families, will be present on the
occasion. -
NonricaTtos COMSIITTEE.
Senator Morton, and Representatives
Pruyn, of New York, and ,Wilson, of
lowa, hie committee appointed to no tify
General Grant and -Mr. Colfax of their
election, will discharge the duty assigned
them on Saturday morning next. They
will visit General Grant at his head
quarters and Mr. Colfax at his residence.
GALLOWS IN CANADA.
Execution of Whalen, tho ARMILIZI of
LPArcy McGee, at' Ottawa—The Con.
de mned Dies Bravely.
[By Telegraph to the Pittsburgh Osisette.)
OTTAWA, February 11.—The morning
opened dull, accompanied with a drip
ling snow. The country people began
to arrive at an early hour, and set about
securing good positions to see the scaf
fold and hear the last words of Whalen.
hp tdred o nineo'clock there were about three
Il People on the east side of the
fail.: By half-pmt ten the crowd had in
creased to seven or eight thousand, but
all was quiet and orderly. At ten the
prison ? phyelchiii 'reported Whalen In
good nerve, and that no agitation or
flurry was noticed in him. A short time
afterthe , Sheriff announced everything
readiness fortheexerution. At eleven
Whalen was pinioned, and accompanied
by the Sheriff and three priests was led
from the prison. 'Be looked very pale
and excite4but moved along with a firm
step and mounted the, stairway to the
scaffold, responding, as he walked,
tinctly to the prayers of the Priests.
After the Pater-Noster had been repeat.
ed, be said: "I beg pardon for any of
pence I may have committed; I forgive
all parties who have injured me; I ask
forgiveness from any one I may have in
jured; God save Iroland and trod - save
my soul." The executioner then fitted
on the white cap and it over his
face, adjusted the rope, and In a few mo
ments the drop fell, and Whalen -hupg
by the neck for four minutes, suffering
intensely, and then breathed no more.
It is rumored that Whalen left - a writ
ten paper in the custody of the Sheriff,
the purport of which is not yet made
public.
PITTSBURGH. FRIDAY, FEBRUARY 12, 1869.
CM UMW
E'ol7l-1. M.
FORTIETH CONGRESS.
[THIRD
.SESSION.I
SENATE: Resolutions Concern
ing
Representative Butler, of
Massachusetts—CurrencyDill
Considered—River and Har
por Bill Taken Up at Evening
Session. HOUSE : Mr. Buffer's
Resolution Censuring the Sen
ate and its- Presiding Officer
for Proceedings in Joint Con
vention on Wednesday—A ni
m ated Discussion.
TelegrAph to the Pittsburgh Gazette.)
WASsixotort, D. C., Feb. 11, 1869.
SENATE.
Mr. RAMSEY, from the Committee on
Post Roads, reported a joint resolution
giying the assent of the United States
for the construction of a bridge between
Cincinnati and Newport. Passed. -
Also, a bill giving the assent of the
United States for the construction of a
bridge between New York and Brooklyn,
which was laid da the table.
Mr. FRELINGHUYSEN, from Com
mittee on Judiciary, - asked to be dis
charged from the further consideration
of the resolution directing the Commit
tee- to enquire into the practicability of
preventing the discharge of convicted
criminals under Judge Underwood's
decisions in Virginia, on the ground that
the Committee did not think it proper to,
interfere by legislation with spe dal ad
judications of a Court.
Mx. WILSON, from the Committee on
Military Affairs, reported and recom
mended the passage of the bill to amend
the act of 1807, establishing rules and
regulations for the government of the
armies of the United States.
, Mr. DAVIS offered the following joint
resolution : • •
Resolved, he., That the noisy and bois
terous conduct of Benjamin F. Butler, a
Representative from the State of Massa
chusetts, and other members of the
House of Representatives, in the Repro.
sentative Hall, on the 10th day of Feb
ruary, during the time the President of
the Senate, in the presence of the Senate
and House of Representatives, was open-
I ing the certificates of the votes of Elea
,- tors forPreeldent and Vice President of
the United States from the seVersi States,
'and while eitiffvotes were being counted,
whereby said business was disturbed
and obstructed, is disreputable to said
Benjamin F. Butler and other Represen
tatives acting with him, and a wrong and
an insult to the people •of the United
States. -
Mr. FERRY—Let it go over.
The resolution accordingly went over
under the rules.
On motion of Mr. TRUMBULL, the
Senate took up and passed the bill to
provide for the execution of judgmentii
in capital cases.
The resolution from the Committee on
Printing, providing for the publication
of the medical and surgical history ofd
of the war, after discussion by Messrs.
Conkling, Anthony and Wilson, was re-•
committed.
Mr. POMEROY offered a joint resolu
tion giving construction to acts - of Con
gress granting . lands to the State of Wis-,
cousin, to aid in the construction of rail-1
roads in that State. Referred to the'
Committee on Public Lands.
Mr. MORTON, from the Committee on
Military Affairs, reported favorably the
resolution to refund to States the interest
and discount on money borrowed by
them to equip. pay, transport land sue 4
ply troops for the service of the United
States in the recent war.
At the expiration of the morning hour;
Mr. SHERMAN moved to proceed to the
consideration of the Currency Bill. Carr
ried.
Mr. CHANDLER moved an Evening
Session on the River and Harbor bill,
and other matters from the Committee
on Commerce. Carried. . I
The Senate resumed , the consideration
of the Currency bill.
Mr. CONKLING addressed the Senate.
Mr. DIXON presented, what appeared
to him one of the ablest and most Instruc
tive documents he had yet seen on tee
financial questions of the day, being a pe
tition on that subject signed by General
Duff Green. Tabled and ordered to be
printed.
Mr. MORRILL, of Vermont, in t
speech, announced his intention of mov
ing an amendment to the section provid
ing for the funding of United States
notes, so that all debt having a higher
rate of interest than five per cent. may
also be funded. He opposed Mr. Fre.
linghuyeen'a amendment, for the rp
demptionof notes with bonds and bonds
with notes, which surpassed the sharp
idea of the two Yankees who got rich
by swapping two jack-knives. He saw
no objection to the Secretary - allowing
contracts to be made on the basis of
specie, and supported he section propes
ing a permanent appropriation of one
hundred and ' forty millions for
the payment of the public debt
and the gradual reduction of the
principal. The' section for funding
and canceling United States notes was
also eminently proper. It is undoubted
ly the cheaper mode of getting these
note.s. redeemed; and out of the rend
of ultimate resumption of specie
payment, to which they are the great
Obstacle. It is obviously impracticable
to raise the means for retiring United
States notes' outstanding by present or
immediate taxation; that will not be pro-
Eqsed in any quarter., He opposed bin
Williams' amendment, limiting the notes
to be converted to two millions per month,
as too restrictive. The whole amount for
a - year might be retired in - some month
with more facilityy , and the production of'
less stringency than o there
twelftatother
times. He presumed there needbe no
alarm at too rapidly funding, to which
'there are two insurmountable bar
riers, one that with the amount they
produced scarcity of circulation would
cease, and the other the approximaf Ione!
'bonds and notes, by the respective in
crease and decrease, to equality, of
value. Ho approved the proposition for
free banking, as a preventive of monep
oly and the producer of adequate means
for the transaction of the business of the
country, whatever its magnitude; but he
did not desire its introduction faster
thin a sound circulating medium could
be (furnished everywhere equivalent to
specie. He would propose the amend
ment providing for the retiracy of all
notes issued on the plan of being re
deemable in coin of any equal amount of
United States notes. He thought it nec
esaary to have some. provision mak
ing it illegal for bank officers to
certify checks, except against funds
actually in bank. He should offer •an
amendment proposing to abandon the
keeping of any reserve by banks which
redeem their notes in specie. He would
also propose, as looking to ultimate re- .
sumption, that banks hold at fixed points
of time a certain per tentage of their
capital as part of the. assets in' coin. He
combatted the delusion that interest paid
to:banks on their bonds is a total loss to
the Government. The banks own the
bonds, the debt is due from the United
States, and the interest, if not , paid to
banks, mug be paid to other parties. The
fixing of a time for the redemption of
United States notes may be regarded as
questionable, for it would cause hoard
ing and thus produce stringency, and
then, unless the Government was pre
pared to redeem the whole amount,
might result in ignominious failure; but
after a considerable share of notes have
been funded, and some national banks.
I have commenced operations on a specie
basis, and when all have made some sort
of preparation for redemption, 'then the
UnitefiStates notes can easily be raised
I to the level of specie, be made recelyable
!Ar duties on imports, if necessary, and
actually redeemed without peril.
He concluded by proclaiming himself
an implacable foe to the further inflation
Of so-called paper money, as well as to
any artful dodging of the spirit and let
! ter of our public obligations.
I! Mr. CORBETT followed in explana
tion and advocacy of the amendment of
fered by him to the pending bill. He
regards the present currency of the
United States as the worst possible, be
it was fixed in amount, and there
fore always liable to disastrous manipik
lation by local speculators, and also be
cause it was not part of the general cur
rency of the world, being incapable of
Circulation abroad. Discussing the' bill
Under consideration he said he was in
favor of the first section, legalizing con
tracts specially payable in coin, but
would amend by striking out the word
!hereafter," . so as to legalize the exist
ing contracts of that character. He was
in favor of the second, third and fourth
I sections of the bill, but thought the fifth
section could not be enforced without
his amendment, to be numeer,ed section
,sixth, providing that on the first day
l of July. 1869, every banking association
organized how or hereafter under the
act to provide sk national currency, fin.,
; shall have on hand not less than six per
cent., of the circulation in gold or silver
coin; on the first of January,lB7o, not. est
'than nine percent.; on thefirst of July,..
1870, not less than t weave per cont., and on
the first of January, 1871, not less than
fifteen per cent.; that thereafter every
such organization shall pay coin on de
mand for its outstanding circulating
notes.
The bill for the farther security of
equal rights in the . District of Columbia
was passed. The bill strikes out tlki word
"white" from the laws of the District and
the charters of Washington and George
town. It had airway been passed twice,
but in each case within less than ten
days of the end of the session, and failed
to become a law because retained by the
President. .
The bill to regulate elections in Wash
ington and Idaho Territories was passed.
The Senate took up the bill for the re
lief of Celestia P. Hart. It pays her
$3,000 compensation for the nee by the
Government of a gun elevating screw,
invented by her late husband, Samuel
B. Hart.
Mr. CAMERON opposti/i the bill, on
the ground that the deceatied was an offi
cer of the Government, which was there
fore entitled to the benefit of his services
and skill, without giving him or his rep
resentatives extra compensation.
Mr. DRAKE said Hart was not a na
val officer, but a nasal contractor, and
his invention had been very valuable to
the Government, and that he had left a
widow and four children, who needed and
were entitled to compensation.
The bill passed.
Mr. CHANDLER, from the Committee
on Commerce, reported favorably the
bill from the House for the repeal of ton
nage duties on Spanish vessels, also the
bill appropriating 325,000 for additional
grounds for the Nashville Custom House,
and adversely the bill to repeal the act
regulating the disposition of fines and
forfeitures under custom laws.
Mr. MORRILL, from Committee on
Appropriations, reported,without amend
ment, the bill appropriating $lO,OOO for
the relief of Yankton and Sioux Indians.
Mr. CORBETT introduced a bill to aid
the construction of the Oregon Branch
of the Pacific Railway. Referred to the
Committee on Public Lands.
The bill to authorize the importation of
machinery for. repairs free, upon the
giving of a bond in double the appraised
value thereof, to be withdrawn when the
machinery has been repaired and ex
ported, was passed.
The Senate went into executive session
and soon after took a recess.
Everting Session-The bill to authorize
the New York, - New Foundland and.
London Telegraph Company to land a
sub-marine cable on she shores of the
United States was considered.
Mr. TRUMBULL offered an amend
went, providing that the privilege of
landing a sub-marine cable shall be given
to foreign powers only when they give
to the United States the privilege of land
ing-cables on their shores, which was
accepted by Mr. Chandler.
The bill was informally passed over,
and the River and Harbor bill taken up.
The first amendment was to`strike out
the appropriation of $40,000 for the im
provement of the Wisconsin River.
In reply to Mr. Harlan, Mr. CHAND
LER said the Committee became Whaled
the work would cost from three to four
oellflone, and that this small appropria
tion, though it might readily' be Kum;
tiered, could not possibly provide any
Satisfactory result. .
Mr.'HOWE urged the necessity of the
policy.of improving Western rivers.
Mr. Morrill, of Vermont, opposed
and Mr. Uonkling- supported the ap
propriation. Messrs.PoMeroy, Doolittle,
Howe,and Hendricks continued- the dis
cussion. ,
Mr. WARNER alluded to the fact that .
the bill contains nothing for Southern
harbors. •••
Mr. GRIMES replied that when the at
tention of the Engineer Department was
called to the need of Southern States,
the required appropriations would pro
bably be recommended and made.
Without action the Senate adjourned.
HOUSE OF REPRFSENTATB'ES:_--
Speaker COLFAX stated the first.busi
ness was the question of pt4vilege'pend
ing at adjournment yesterday, and as be
had expressed an opinion on the floor,
he had asked Mr. Dawes to occupy the
chair during the discussion. He asked
the House to authorize the Speaker pro
tern to appoint a Committee to wait upon
the President and Vice President elect
and officially notify them •of their elec
tion..
Mr. BUTLER moved that after Mr.
Shellabarger concluded his remarks in
opposition to his (Mr. Butler's) resolution
protesting against the counting of the
vote of Georgia, the resolution be re
ferred to a select committee, and on the
report of such committee a free discus
sion be had.
No under Standing being arrived at,
Mr. Dawes took the chair.
Messrs. Wilson, of Ohio, and Pruyn
were appointed a Committee to inform
the President and Vice President of their
election.
.Mr. SHELLABARGER then opposed
Mr. Butler's resolution in a speech.,
Mr. SHELLA.BARGER prefaced his
remarks by conceding to the gentleman
from Massachusetts that integrity of
purpose anti that desire fairly and pro
' perly to dispose of the important matter
before the House, which he claimed for
himself. It was not wonderful that they
had fallen into doubt and trouble about
a matter so undefined, and in which
they were so unaided by precedent.
Mr. Shellabarger proceeded to.quote the
several commentaries on the Constitu
tion which had any bearing on the ques
tion, and summed up the application of
his quotations by saying: It Chancellor
Kent was right, and if the President of
the Senate had tho power to do the
counting, clearly the House was invad
ing his rights in attempting to control ,
that count, except to see that it was
honest.
Mr. BUTLER—How are we to see that?
Mr. SHELLABARGER—The gentle
man must go for his answer to Justice
Storey, who regrets that the Constitution
had not made a detailed provision. for
the case. The gentleman can't-defeat the
argument, by showing that there may
be defects in the Constitution. If it be
not the the President of the Senate who
does the counting, but the two Houses in
Joint Convention, then I ask what privi
leges of the House have been invaded by
the refusal of the President of the Senate
to recognize the separate vote of the
House of Representatives, which sepa
rate vote it had no authority to give. lie
went on to argue that the concurrent
resolution, in reference to the Electoral
vote of Georgia, was not tin conatitutional,
and that it was copied from a similar con
current resolution adopted at the time of
thd election of President Monroe. - ' - •
lifr; - 111T4AS - related hews thirty-two .
years ago, die had been a teller to count
the Electoral votes when Vtfn Buren was
elected, how a difficulty then existed in
relation to the State of Michigan, and
how Clay, with his great 'foresight and
learning, had anticipated and avoided
the difficulty by preparing and having
adopted a concurrent resolution similar
to that under which the Joint Convention
acted yesterday.
Mr., WOODVv - ARD expressed his re
gret that the learned gentlemen from
Ohio and Maryland (Messrs Shellabarger
and Thomas) had not been present the
other night, when the concurrent resolu
tion was adopted, to make an argument
against it.
Mr. SHELLABARGER eAd he was
here and that he had voted ;for it, and
that his argument to-day was that it was
ormstitutional and proper.,
Mr. THOMAS also corrected Mr.
Woodward, in assuming that he (Mr.
Thomas) was opposed to the concurrent
resolution, and argued that there was no
analogy in the cases of Missouri and.
Michigan, as stated by Mr. Shellabarger
and himself. The , case of Georgia was
the exclusion of an organized, recognized
State of the Union, having Represntatives
on the floor of the House. It was not the
case of an unformed territory, where tho
question was as to its admission as a
State, and whether it was fully qualified.
The presiding' officer did what it was his
duty to do.
Mr. ELDRIDGE declared his belief
that the concurrent resolution and the
twenty-second joint rule were both of
them in contravention of the Constitu
tion. He had raised that question of or
der yesterday, and if it had been sus
tained all the difficulties in which the
Housb and ConVention had been involved
yesterday would have been avoided.
The Constitution provided expressly that
the President of the Senate should count
the Electoral votes in the presence of the
House and Senate. He said it was his.
duty, therefore, to simply open and count
the votes, and their concurrent resolu
tion was,in his judgment, an utter nul-
lity.
Alt.. BINGHAM, of Ohio, thought the
resolution of censure was a proposition
that the members of the House should
solemnly declare themselves violators of
law under their oath. Was oontrol.
Ling principle with hi m, that a
whether
satisfied with alaw or not, he:was bound
to obey it. The concurrent reSolutionwas
obligatory on the presiding officer of the .
Senate, and it was his duty to do exactly
what he did do. The gentleman frcm
Massachusetts asks . the Honse to stultify ,
itself, to say.. in fact, that the people
must, in 'his own words, have recourse
to "the Sabred right of revolution." The
right of revolution is never sacred, save
when exercised in tho vindication of a
right, and in redress of a wrong. The
sacred right of revolution is invoked here
for the purpose of violating your own
laws.
Mr. BUTLER—WiII the gentleman
allow me—
Mr. BINGHAM—No, sir.
Mr:HUTLER—I only want to say you
are not using my words in the connec
tion that I used them.
Mr. BINGHAM—The . gentleman's re
marks do not appear in the Globe this
morning, but I find the gentleman's
speech reported by the official represen
tatives of the press of the country. lam
glad the gentleman takes back his words.
Mr. BUTLER—I take back nothing.
Mr. BINGHAM—Then I ask the Horse
to compel you to take back your revolu-
Jionary resolution. "That's • something
that you can't retract. and I denounce
that here, before the-Ilouse, and before
the people of the country, as being as un
warranted as any act of the session. 1'
denounce, as a reprepresentativu of the
people, this attempt to inaugurate a rev
olution on the floor of this House. I
will oppose the reference 'of the resole.
Mon, as seeming to commit the House in •
some sort to a challenge of your law.
How would it look for us to refer another •
.resolution, suggested b 7 the speech of -
the gentleman, . (Mr. Butler,) that
the House shonld be authorized, to use
the gentleman's language, "if the Senate
Would not retire from the Joint Conven ,
Lion, to kick it out?" The gentleman
from Massachusetts should be the-cap
tain in the "kicking" operation. [Laugh-.
ter.] I think the gentleman can't gain
say his speech in that behalf, which
brought down the galleriesand split the
oars of the groundlings. And it illustra
ted the animus of his resolution of revo
lution. I denounce it asa resolution of
anarchy. The idea of the House of Rep
resentatives kicking the Senate of the
United States. About that time you will
have kicked the law making power out
of existence. You will have proved
yourselves greater architects of your
country's ruin than did the million men
who for four years waged war on your
Constitution and laws, drenching your
land with blood and ridging it all over
with graves.
Mr. BUTLER, (aside)—l always did •
like that speech of Bingham's. iLaugh
ter.]
Mr..BINGHAM, (not hearing remark),
went on to say that it was the sworn du- •
ty of the President of the Senate to obey
the law, whether he approved it or not;
and for doing so this House is to censure
him, charge him with oppression of the
House and invasfbn of its rights. Mr.
Speaker, it will be a bad day for Amer
ica when it goes out to the country that
the House of Representatives denounced. '
the commissioned officer of the people,
acting under the obligation of his oath,
for obeying the law, even in the presence
of a mob which would disgrace any
assembly of men that ever convened on
the face of God's earth. I honor that . •
that gallant old Roman (Senator Wade,)
for standing in his place yesterday and
saying, "Come what will, I will abide
by the. law." Notwithstanding the
clamor, he stood there without anger,
without passion, demandinglhat the tel
lers, as required by the concurrent reso
lution, should announce the result, not
contrary to law, but in accordance with
its express condition. If Ben Wade had.
never done any act, that act entitled
him to the respect and consideration of his
countrymen, and if he had fallen amid the
chimer and tumult which the geniteman
rased, it might be written on his grave,
"Go tell those who survive me, that I
lie here in obedience to your law, and in
defiance of the clamor of the mob."
Sir. I denounce the gentleman's proposi
tion of anarchy; that anarchy which has
no head and cannot think; that anarchy
which has no heart and cannot feel, but
in its frenzy and its madness tramples
down law and order, tramples childhood
and youth, and defenceless womanhood,
and vigorous manhood, which, in its
fury and madness, puts out the light and
scatters the sweet voices of home. I ask
the Representatives of the people to put
l'thetr seal of condemnation upon it, and
to putttwthingon the, table thereto rot.
Mr. SCHENCK said: I am disposed
I to be seduced by the rhetoric of my col
league, (Mr. Bingham,) by any general
denunciation from any . source, from as
serting what I believe in reference to the
manner in which the Senate and presid
ing officer of the Senate transcended the
the limits which ought to have shut in
the action of Senate in Connection with
the House of Representatives yesterday.
Mr. Schenck proceeded to analyse and
reply 'to the legal and constitutional
arguments of his colleague (Mr.
Shellabarger) and to show the ab
surdity' of the proposition, that
the Joint Convention was bound by
law, the concurrent resolution. He illus
trated the latter point in this way: Sup
pose the President of the Senate should .
find a certificate of the vote of a State
without signature or seal, was he to
count it? Suppose he found in the en
velope an old newspaper, suppose the
electors of Georgia had met in the capital
of South Carolina, was not the Conven
tion to take notice of that because the
concurrent resolution did not tench it ? •
Or suppose the votes of Georgia were,
reckoned as thirty instead of nine, was
the President of the Senate, acting still
in his mere atomatic capacity, to get up
and say, if you count these votes for
Georgia the result will be so and so, and
if not it will be so and del The concur- ,
rent resolution did not touch the ques
tion as to what should be done when the
certificates were opened. It did not
reach the question of counting. It dealt
with those serious forms that were to be
observed In order to know whether the
count was to take place or not. It
stopped at the preliminary question, and
provided what should be done, so there
should be no committal on' the question
of Georgia being a State in ,the Union,
but it left all, that related to the count
and form of 'certificate and to its suffi
ciency entirely open, to be disposed of
under the joint rules of the two Houses.
That was , his Inoposition. Gentlemen
bad all along begged the question, and
none more so" than , his colleague (Mr.
Bingham), when he denounced the views
of those who differed with him. •
Mr. BINGHAM—I never denounce the
views of men at all. I denounce revolu
tion. •
Mr. SCHENCK—I beg the gentleman's
"pardon. • I thought he. denounced this
proceeding as. revolutionary.
Mr. BINGHAM—I said the resolution
is revolutionary. •
Mr. SCHENCK—The gentleman said
so,Olething about anarchy, in which he
soared so high that I could not follow
him. lam sorry, for I always admired
that speech. [Laughter.) My colleague
and others have assuMed that the two
acts of legislation, the concurrent reso-
Intion of last Monday and tbe Aoint
rules, conflict with each other. So
the last passed, in the. language
of the Speaker, repeals the other.
I hold no such , doctrine. I say there
stands the joint rules, covering all the
questions that may arise, after the certi
ficate is' opened. as to what is in it,
while the concurrent resolution stops
short of all that, and merely deals - with
the preliminary question, whether or
not we should commit ourselves on the
question whether Georgia is or is not en
titled to representation and to have
Electors for President or Vice President.
The second, so far from being irteconcil
able, can exist and be sustained without
one being regarded as' conflicting or
operating as a repeal of the other.
Mr. SCHENCK developed this idea at
considerable length and reviewed the
proceedings ,
of yesterday dowi, to the
point where the presiding officer announ
ced that the objection of the gentleman
from Massachusetts was overruled. The
Senate and gentlemen wonder, he con-'
tinned, that any of us should conclude
(Continued on Eighth Page.)