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how to vote, whether to lay them on the table | Frelinghuysen, Howard, Howe, Morrill of Maine,
from Nebraska be referred to the Committee or not. If Senators will allow the papers to
Nye, Pomeroy, Stewart, Sumner, Thayer, Tipton, on the Judiciary for a report. I suppose that be read I presume I shall then vote for the
Wade, and Wilson--16.
that motion is debatable, is it not? motion of the Senator from Michigan, but I Grimes, Norton, Saulsbury, Vickers, and Wil- The PRESIDENT pro tempore.
It is debatthink we ought to hear the papers read. They | liams-8.
able. are brief.
The PRESIDENT pro tempore. The papers Mr. DAVIS. These papers carry evidence Mr. POMEROY. It seems to me another will be read.
in favor of two classes of claimants to seats in question of order might be raised, whether it Mr.CONNESS. Now, Mr. President, before the Senate. It is a general rule that the older is proper to read the credentials of men who the reading takes place, I desire to inquire of title is the better title. It is a rule in the are dead.
the Secretary of the Senate how the papers, Senate prima facie. I make the motion to Mr. HENDRICKS. I should like to know having been upon the files of the Senate and refer the credentials offered by the honorable how many questions of order are in order. in its custody, came in the possession of the Senator from Nebraska to the Judiciary Com
Mr. POMEROY. I had information which Senator to be presented here again? I ask that mittee, that the committee may have the subsatisfies me, and I think it is a matter of public || question.
ject before them, with general power to inquire notoriety, that Mr. Jones is dead, and one of Mr. EDMUNDS. Let them be read first who are the Senators from the State of Arkan: the credentials offered by the Senator from that we may know what they are.
sas according to the Constitution ; whether Kentucky relates to Mr. Jones.
Mr. DAVIS. I will answer the Senator from those Senators be the gentlemen whose names Mr. SÉERMAN. How do we know whether California.
are expressed in the credentials offered by the they are the credentials of Mr. Jones or Mr. Mr. CONNESS. I ask the question of the honorable Senator from Nebraska, or the genSmith until they are read ? Secretary first.
tlemen whose names are expressed in the creMr. POMEROY. They have been here for Mr. DAVIS. You have no right to put a dentials which I have had read. That is an two years. It is not the first time that they question to the Secretary. I make that point important question. It is an important constihave been presented to the Senate. Every | of order.
tutional question. It is an important question Senator has heard them read before this.
that enters into the civil history of the country Mr. HOWE. Mr. President, it strikes me is informed that these papers were delivered to of this day; and I make the motion with a that there is another question of order that the Senator on his application.
view to have the question in both aspects might be raised
Mr. CONNESS. Will the Chair please referred to the Judiciary Committee, that that The PRESIDENT pro tempore. We will repeat the statement ?
committee may report upon the case and settle decide one question at a time.
The PRESIDENT pro tempore. I am in- the precedent that should arise properly on Mr. HOWE. Will the Chair indulge me informed that the papers were delivered to the the facts now before the Senate. I presume a single suggestion?
Senator from Kentucky on his application. that if that reference be made it will give rise The PRESIDENT pro tempore. We will Mr. CONNESS. From the files of the
to two reports from that committee, one by the begin at the beginning, and we will hear no Senate?
majority and one by the minority. I have my argument until this is decided. Then the Sen- The PRESIDENT pro tempore.
own definite opinion, as no doubt every Senaator can appeal and argue the appeal, but not pose so.
tor has his, in relation to the true rule of law till the Chair has decided the question.
Mr. DAVIS. That is the fact.
and the Constitution that governs this matter. Mr. HOWE. I have not heard anything to The PRESIDENT pro tempore. The papers Upon that question I suppose there will be a appeal from yet. will be read.
division among the committee, and probably The PRESIDENT pro tempore. The Sen- The Chief Clerk read as follows:
there will be two reports, one by the majority ator from Kentucky offers papers and asks
EXECUTIVE OFFICE, and one by the minority. The report of the that they be read to the Senate. The reading
LITTLE ROCK, November 20, 1866.
majority, no doubt, would receive the sanction is objected to, and a motion is made to lay STATE OF ARKANSAS, to ucit:
and approval of the Senate, and in conformity those papers on the table without knowing
The General Assembly of this state, on the 24th day of November, 1866, having, in pursuance with
to that report these gentlemen would be admitwhat they are. That is a matter under the
the Constitution of the United States of America, ted to their seats in this body; but for myself control of the Senate, and the rule is that that chosen John T. Jones i Senator of the United States I have no doubt that the report of the minority question is not debatable. The motion, I
to fill the vacancyin the senatorialterm commencug
of the committee would contain the true princisuppose, is in order.
The Senate may lay eral Assembly declaring the election of W. D. Snow ple of the case, and the principle that ought papers that it knows nothing about on the table for that term to be invalid and illegal:
to rule the action of the Senate. It is not with for aught I know, if they see fit to do it. The
Therefore I, Isaac Murphy, Governor of the State
of Arkansas, do hereby certify the same to the Sen- a view to any present action of the Senate on Chair thinks it is in order, and the question is ate of the United States.
that question that I make the motion, but upon the motion to lay on the table, and that Given under my hand and the seal of the State of
simply that the Committee on the Judiciary is not a debatable question.
ISAAC MURPHY, may have the whole subject under its consider-
Governor of Arkansas. ation ; and if there be, as I have no doubt there question I wish to know what papers they are,
would be, diverse views in that committee on and therefore I ask that they be read.
Secretary of Stute.
this subject, that the diverse views of the comMr. CONNESS. That is not in order.
STATE OF ARKANSAS, EXECUTIVE OFFICE,
mittee might have expression in a report made The PRESIDENT pro tempore. A Senator
LITTLE Rock, March 4, 1867. both by the minority and the majority of the has the right to call for the reading of the STATE OF ARKANSAS, to wit:
committee, and that this double expression papers before
any question is put in regard to The General Assembly of this state, on the 21st day of conflicting opinion might be entered upon them, and they will be read if the Senate see fit of February, 1867, having, in pursuance with the
the archives of the Senate to be a part of the to have them read.
Constitution of the United States of America, chosen
Augustus H. Garland a Senator of the United States civil history of the country in relation to this Mr. STEWART. I call for the reading of for six years, commencing on the 4th of March, 1807, subject to be perpetuated in the future. the indorsement. to fill the vacancy occasioned by the resignation or
Mír. HOWARD. Mr. President, the Sen. The PRESIDENT pro tempore. In regard
non-acceptance of Andrew Hunter, who had pre
viously been clected United States Senator from this ator from Kentucky seems desirous to continue to the reading of papers the rule is that if the State for said term :
and expand the controversy which for years reading of any paper is called for and it is Therefore I, Isaac Murphy. Governor of the Stato of Arkansas, do hereby certify the same to the Sen
past bas existed between the Executive of the objected to it shall be determined by the vote ate of the United States.
United States and the Congress of the United of the Senate. Is there any objection to the Given under iny hand and the seal of the State of
States, in respect to the right and power of reading of these papers ?
taking the initiatory steps for the reconstrucMr. CONNESS and others. I object.
Governor of Arkansas.
tion of the rebel States. On the other hand, The PRESIDENT pro tempore. Objection
ROBERT J. WHITE, I desire to bring that controversy to a close as being made, the question must be decided by
Secretary of State.
soon as practicable, and to give the country the Senate. The question is: Shall the papers
Mr. HOWARD. I move that those two rest and quietude in respect to that agitating be read ? papers lie on the table.
topic. Mr. HENDRICKS. I ask for the yeas and The PRESIDENT pro tempore. It is moved He asks to have the credentials presented by nays on that question.
that the papers just read do lie on the table. the honorable Senator from Nebraska referred The PRESIDENT pro tempore. Under our The motion was agreed to.
to the Committee on the Judiciary, for, as he rules this question must be decided without Mr. DAVIS. Those papers are well laid on says, the purpose of enabling that committee debate.
the table, because they were on the table at to solve the great constitutional question which Mr, HENDRICKS. I ask for the yeas and the time the motion was made, as the records he presents to the Senate, and upon which he nays. I want to know whether a Senator has
show. They were presented some time ago, is kind enough to inform us that his opinion a right to have a paper read before he votes on and were then received and laid on the table; has long since been made up. Sir, the Senate it. I do not know what these papers are. and they have been there from that time to and House of Representatives, the law-making The days were ordered ; and being
this. I move now, Mr. President, that the cre- power of the United States, long since solved taken, resulted-yeas 30, nays 10; as follows:
dentials just read, with the credentials offered that great constitutional question. They did YEAS-Messrs. Bayard, Cole, Conkling, Corbett, by the honorable Senator from Nebraska, be so when, in the enactment of the reconstrucCragin, Davis, Dixon, Doolittic, Drake, Edmunds, Fessenden, Fowler, Harlan, Henderson, Hendricks,
referred to the Committee on the Judiciary. tion acts, they declared that all the governJohnson, McCreery, Morgan, Morrill of Vermont, The PRESIDENT pro tempore. The papers ments then existing in the rebel States were in Morton, Patterson of New Hampshire, Patterson of are on the table at present.
their essence illegal governments, as estabTennessec, Ramsey, Ross, Sherman, Sprague, Trumbull, Van Winkle, Willey, and Yates--30.
Mr. DAVIS. I'move, then, that the ere- lished by Mr. Johnson, and that they could be NAYS-- Messrs. Catteli, Chandler, Conness, Ferry, dentials presented by the honorable Senator II regarded and should be regarded in no other
light than as provisional, until substantial, here. Congress passed a bill, which became a government inangurated in Arkansas is the permanent governments could be inaugurated | law yesterday, declaring that the State of legitimate State government. We have recog. under the reconstruction laws. We therefore Arkansas was entitled to representation in the nized this Legislature as having anthority to have settled the question that the bogus Legis. || Congress of the United States under the con- elect Senators. It has made that election. I lature of Arkansas, organized under the order stitution which was formed and adopted by the presume nobody doubts that there is sufficient ot' President Johnson in 1865, was not a legal, || people recently, within a few months, and to- evidence on your table of the election of the constitutional government, and we passed a day the credentials of two gentlemen are pre- gentlemen who have presented themselves here law to enable the people of that State to call a sented as having been elected to the Senate as having been elected ; and it is now for us to convention, for the purpose of forming a new by the Legislature of the State of Arkansas. decide whether we shall receive these gentle. constitution and electing a new State govern- These credentials are certified to by the presid. men notwithstanding the act of Congress. I ment, in pursuance of the terms of that act. ing officers of the two houses of the Legisla- | think we may do so; and doubtless we could They have done so, and the gentlemen who ture of that State. Manifestly this election refuse to do so and compel the Legislature of now present themselves to the Senate and ask did not take place under the act of Congress | Arkansas again to go into an election. for admission are the persons who were thus prescribing the time and manner of electing
Mr. EDMUNDS. I would like to ask my duly elected by the Legislature of Arkansas, Senators. That act requires the Legislature | friend a question as he is speaking on this subassembled in pursuance of our own laws; and of a State, on the second Tuesday after it con- ject; and that is what the rule is in relation thus this great constitutional question, so far venes, when there is a vacancy in the office of to this form of election which elects one of as it depends upon the power of Congress, is Senator from that State, or the term of a Sen- these gentlemen to a particular term less than settled; it is fixed and forever at an end, so far ator is about to expire, to proceed in each six years, and another to another term less as the State of Arkansas is concerned ; and all house separately to vote for a Senator, and to than six years. If it were a case of a vacancy that remains for us to do here is to keep our meet on the next day and compare the votes in the representation of a State, of course under faith with the people of that State, and to admit of the two houses together, and if both houses the constitution the State Legislature would fill Senators properly elected under their new con- have voted for the same individual that indi. up the vacancy after the Governor had exerstitution to seats in this body.
vidual is declared to be the Senator-elect from cised his power, if he had done so. If those Mr. HOWE. Mr. President, I believe the the State ; if they bave not the two houses then | States are to be regarded as in the nature of usage has obtained when a Senator has been in joint convention they proceed to elect a Sen. States whose governments were completely compelled to vote upon a question without offer. ator; and the law further requires that the Gov. disorganized, then the question I wish to put ing a word of explanation of his vote, that he ernor of the State shall give a certificate which to my friend for his consideration and that of should take the next debatable question that is constitutes the credentials, stating the election, the Senate is whether these Senators ought presented to the Senate to explain his reasons. and the law specifies the facts to be stated in not to have been elected in general and under Availing myself of that privilege, I want to say the certificate. The certifiates in these cases the Constitution, which provides the specific one word, while this question is pending, in are not in compliance with that act of Congress. manner of ascertaining their terms, shall be explanation of my vote on the question of read- The Senators were elected, as appears by the classified by lot, or whether we ought not now ing those credentials.
certificate, before Congress had passed the act to go through with the classification as the The Senator from Kentucky offered those recognizing the State of Arkansas, or the gov. Constitution requires. That is a question which credentials and stated that they had been on ernment which has been set up there as entitled || I wish to suggest for his consideration, and it the files of the Senate some two years.
With to representation in Congress, and they present || is a question of considerable practical importthat statement in my ears I thought I could themselves in the same condition that Senators ance under the Constitution. take judicial notice, if it is proper to use the elected from new States have always presented Mr. TRUMBULL. That is a subject to expression, that they were precisely the cre- themselves.
which I had not paid special attention, and I dentials which have been read-credentials It has been the practice from the foundation have only given it the reflection which has which were offered here by gentlemen formerly of the Government whenever new States were been within my power since the question has claiming to be elected to the Senate, and which formed from Territories for the Legislature, | been propounded by the Senator from Verwere by the vote of the Senate laid upon the before the State was formally admitted into the mont; but it seems to me that these Senators are table. I thought, if that was the fact, he had Union, to organize and elect its Senators, and elected properly in that respect. Arkansas uy right to present those credentials here. I when Congress subsequently recognized the was a State of the Union, and the terms of supposed he was not rightfully, legally in pos- State organization it has been construed to her Senators were fixed when Arkansas was session of them. Of course there was no impro
have relation back to the time when the organ: admitted into the Union as commencing at & priety in the Clerk's delivering them to him, or ization took place, and the acts of the Legis. || particular time. The period of six years for his taking them, under the usage of the body; | lature have been held to be valid, and the Sen. which each one serves is a fixed period; and but I supposed that the fact of having them ators thus elected, although they were elected it is no matter whether Arkansas had Senators in his possession under those circumstances did by a Legislature not at the time recognized as a portion of this time or not. Suppose that not authorize him to make any motion upon a Legislature of a State of the Union, have her government had not been disorganized, them or present them to the Senate. The Sen. been held to be Senators elected by the Legis. || but for some reason or other she had bad no ate had them in its custody.
lature of the State, and have been admitted to Senators for a dozen years; still the periods Mr. DAVIS. Will the honorable Senator their seats. It was only within a few years, would run on, commencing and terminating at a permit me to say a word ?
perhaps within two or three years, I have not particular point of time, which could be ascerMr. HOWE. Yes, sir.
the act before me, and do not remember its ) tained with certainty by going back to the first Mr. DAVIS. I made no motion in regard precise date--that Congress legislated at all || drawing of terms by her Senators when the to them.
upon the subject of the election of Senators. State was admitted. I have not looked to see, Mr. HOWE. I understood the Senator to Before that time it left each State, through its but I take it for granted that these persons are move their reference to the Committee on the Legislature, to fix its own time and manner elected to fill out terms which have already Judiciary, with the credentials offered by the of electing Senators. In some States they commenced. Perhaps the term of one SenSenator from Nebraska. I understood him to elected by a joint convention of the two houses ator will terminate on the 4th of March, 1869, make that motion upon those credentials, and composing the Legislature; in other States and the other on the 4th of March, 1873. I I understood him to call for the reading of each house acted separately, and it required | do not know how that may be in this case ; but those credentials. I thought neither of those the joint concurrence of the two houses acting these are fixed terms, and there being no Sen. steps could be taken. I was called upon to separately to perfect an election. Now, Con- tors to fill the terms which expire on those vote whether they should be read or not. I gress has legislated; but notwithstanding this days, and Arkansas having now got into a thought they ought not to be read, because the legislation, which does not apply to a case like position that authorizes liere to elect Senators, Senate never had allowed them to be taken off the present or to the case of new States, it is, || she elects them to fill out those terms which its table; and yet, by the vote of the Senate, | I apprehend, competent for Congress to recog. have already commenced to run. those papers which had once been laid upon nize an election which has taken place, as this Mr. EDMUNDS. Then you claim that the table, without any motion to take them off, one in Arkansas bas, before the Legislature these are vacancies in the representation of the have been read here. It is not a very grievous was recognized as the legitimate Legislature State, within the meaning of the Constitution. thing to complain of. I only take the opportu. of the State and without having the certificate Mr. TRUMBULL. I claim that the term nity to make this statement in justification of which is prescribed by the law under which having been once fixed, the persons now elected the vote I gave, because I do not think it was elections took place in States duly organized. are elected to fill out those terms which run a very heinous vote to give under the circum- It is certainly competent for the Senate alone on, and there is no necessity for the drawing stances.
to pass upon the qualifications and elections of lots. The Senator from Kansas (Mr. PonMr. TRUMBULL. Mr. President, before of the members of the body.
EROY] has handed me a list showing that in disposing definitely of these credentials I think Certainly nothing is to be gained by requiring the case of Arkansas the term of one Senator it somewhat important that we should under- the particular evidence specitied in the statute. will expire on the 4th of March, 1871, and of stand exactly what they are, and adopt a rule The object of the statute in requiring the Gov- the other on the 4th of March, 1873, so that that may guide us in regard to similar cases ernor to give a certificate of the election of these terms have gone on in the same manner which will be presented doubtless within a few Senators was to prescribe a mode which should as if the State had been represented all the days. I see by the newspapers that the Legis- be simple and convenient and easy of execu- time. I think there is no difficulty in that ture of Florida has also elected Senators, and tion, and to avoid any controversy as to the respect, and I see myself no insurmountable Georgia, and North and South Carolina, and evidence; but if the Senate has satisfactory difficulty to allowing these Senators to be sworn Alabama, will all of them elect Senators in a evidence of the election, that is all that is on the evidence which is presented. It will few days, I trust, who will present themselves I requisite. We have decided that this State Il facilitate the reorganization of these States to
allow this to be done. I know of nothing that Mr. HENDRICKS. Very well; it amounts for the reason stated by the honorable member is to be gained by remitting them back to the to a separate certificate. It is the joint certifi. from Illinois, that there was no Legislature in same Legislature, to be elected over again in cate of the two, each certifying, I suppose existence recognized by Congress as the Legis. a particular mode, when that mode was not under the act of Congress, the action of luislature of the State. But that has often oc. applicable to the case under consideration. body. if this election took place according to curred. In some insiances there have been
Mr. THAYER. I will state to the Senate | the law regulating the election of Senators, enabling acts, constitutions have been framed that the Legislature of Arkansas did follow this is the separate certificate of the two pre- and adopted by the people, and Senators have the provisions of the law of 1866 regulating the siding officers, because the president of the been elected by the Legislatures before the election of Senators in every particular; that senate could not know officially what took States were admitted into the Union ; but when is, the election took place in each house on place in the house, nor could the speaker of they were admitted into the Union the Sen. the second Tuesday after the meeting of the the house know officially what took place in ators were received. Even in the case of CaliLegislature; and the next day the two houses the senate, and if they united in the certificate fornia, which became a State without any enmet in joint convention and declared the result. it amounts simply to a certificate each for his abling act, the Senators elected in advance of The provisions of the law in that respect were own body.
her admission were received. fully complied with. The Senator from Illinois The question suggested by the Senator from In relation to the first point, it appeared to has called attention to the certificate. It is Illinois, in my judgment, is an important oue. me that the provision that the Governor was to signed, it is true, by the presiding officers of How far the Senate is now bound by the law is authenticate the credentials was merely directthe two houses for the reason that the Legis- worthy of very careful consideration. In theory, and could be dispensed with in all cases lature did not recognize the old Governor and absence of law on the subject, the Senate may where it was found impossible that that should the new Governor had not taken the oath of admit under its general constitutional power be done, either because the Governor declined office, was not in possession of the office, and such persons as Senators as they deem to have to sign them, or because there was no Govwas simply Governor-elect. They therefore been properly elected; but as Congress has ernor in office. furnish the next best evidence, the official | prescribed the mode of an election, it is worthy Mr. MORTON. Mr. President, I undercertificate of the president of the senate and of very deliberate consideration how far each | stand a question is raised in regard to the speaker of the house. I suppose what the branch is bound by that law. I understand authentication of these credentials, as to the Senate wants is evidence of the election, evi- from the Senator from Illinois that this elec. evidence of this election. It is not necessary dence sufficient to satisfy the Senate that these tion did not take place according to the law, that these credentials should set forth that the gentlemen were duly elected. The provision || but in some irregular manner.
election took place in the precise form marked of the law is that it shall be the duty of the Mr. THAYER. Oh, no; it was in exact out by the statute. The credential that I hold Governor to certify the result of the election. accordance with the law.
in my hand declares that the election was held But we can take the next best evidence, and Mr. HENDRICKS. The Senator from in pursuance of the act of Congress of 1866, that is furnished. I can hardly conceive that Nebraska says that it did take place exactly specifying the act. In the absence of any the absence of the Governor's certificate under in accordance with the provisions of the law. showing to the contrary, shall we not presume, these circumstances would afford sufficient Mr. TRUMBULL. I meant to be under- this statement being uncontradicted, that the ground for refusing to administer the oath of stood as saying that it did not take place in election was held in the very form prescribed office to these gentlemen.
accordance with the law, the Legislature at that by that act? Is it necessary that it should go In regard to the reference of these creden- time not being recognized by Congress as a on and say that the two houses met and did tials to the Judiciary Committee, I can hardly | Legislature. It could not, of course, act in
thus and so,
and afterward met together to conceive of any reason for that. The acts of accordance with the law until there was a State consider the question of an election? That is Congress under which these gentlemen appear || government in Arkansas authorized to elect all embraced in the general declaration that here have been complied with in every particu- || Senators, and there was no State govern- the election was held in pursuance of the act lar, as Congress has declared in the act which ment in Arkansas authorized to elect Sen- of Congress. became a law yesterday. That act declared ators at the time this election took place. These credentials are signed, not by the that Arkansas, having complied with all the The act of Congress recognizing that State Governor, but by the president of the senate conditions prescribed by Congress, is now en- organization is of a subsequent date, and of and the speaker of the house of representatitled to representation. I cannot, therefore, course it could not, therefore, be in strict com- tives. Is not that all the evidence that is perceive any reason for a reference of these i pliance with the law. But I proceeded to say necessary? You have not made the certificate credentials. There are no contestants ; no that I supposed the action of Congress subse- of the Governor necessary. The act of Conother gentlemen appear here claiming the seats. quently might have relation back, so as to gress does not do so.
It goes on to state how We cannot recognize any election which took | make valid what then took place. I under- this election shall be held, and the concluding place under the provisional government. We stand from the Senator from Nebraska that section of the act reads as follows: can only recognize the acts done by virtue of the form of proceeding was in accordance with “That it shall be the duty of the Governor of the the authority of Congress as conveyed in the that prescribed by that act of Congress. State from which any Senator shall have been chosen laws it passed, and the bill which became a Mr. THAYER. Yes, sir; that is what I
as aforesaid to certify his election under the seal of
the State to the President of the Senate of the United law yesterday. I hope, therefore, no further meant to say:
States, which certificate shall be countersigned by objection will be made to these Senators being Mr. HENDRICKS. I have no special feel. the secretary of State of the State.” sworn in.
ing about this matter. I think it is safe It shall be the duty of the Governor to make Mr. HENDRICKS. Mr. President, the real ma this reference, as this is the first of these the certificate; but you cannot compel him to questions that arise upon an objection to these States coming in under the reconstruction acts, | perform that duty. He is a State officer. His credentials were, in my judgment, settled by not only that the evidence of the election may || certificate is not indispensable. If there is the passage of the bill of yesterday. It is be examined, but any other question that the other evidence which satisfies the Senate that known to the Senate that I do not believe in || Committee on the Judiciary think properly the election was held in pursuance of the act the right of Congress to establish State govern. arises.
of Congress of 1866, that is enough. Suppose ments; but as this is the first of the States that Mr. JOHNSON. I think the credentials the Governor refused to make the certificate has presented claims for admission in the Sen- should be referred, but I rise for the purpose altogether. He has failed in this case from ate under what is called the reconstruction of expressing an opinion which I entertain, some cause; it is not important to inquire policy, it seems to me that the Senate should subject to correction if I am in error; and that what that cause was. Suppose he refused to take the most liberal action possible. But I is that the authentication of the credentials is make it. He is a State officer, and you canthink these credentials should go to the proper || sufficient. It is a subject that I had occasion not compel him to make it. You cannot punish committee. Other States will be here very soon to consider when it was thought to be possible him for not making it. If he refuses to make asking that their Senators be received and that a difficulty might arise in my own State. it that does not invalidate the election. If although most of the questions are concluded At one time it was believed that, in conse- evidence is produced which is satisfactory to the by the action of the Senate in passing the bill, quence of a failure to elect a Sénator from Senate that the election was held in pursuance or will be when the omnibus bill shall have Maryland strictly in accordance with law, the of the act of Congress, that is enough. If the passed, yet as these elections are likely to take Governor of the State could decline to give his Governor makes the certificate, that is conplace in a very irregular manner the creden. certificate. I was consulted at that time, and clusive. Congress need not go behind that. tials ought to be examined by the proper com- came to the conclusion, in which I had entire | But suppose he refuses to do it, what are you mittee. Upon that ground I shall vote for the confidence, that if he did refuse to give his cer- to do? Does the election fall to the ground ? proposition of the Senator from Kentucky, not tificate and the election should turn out to have You cannot force him to do it. You cannot to delay the admission of these gentlemen to been according to law, the Senate would con- compel him by a mandamus or by any other their seats, but for the purpose of seeing that sider the credentials sufficiently authenticated | authority to make the certificate. But, sir, he the election has been so far regular at least that if they were signed by the presiding officers has not got the power in his hands to defeat we ought to recognize it, and to see that the of the two houses.
If the evidence is satisfactory evidence is satisfactory.
But, for the reasons stated by my friend that the act of Congress has been complied In this case, we have not the ordinary evi- from Indiana, I think it very advisable that with, that these men were elected in the way dence that comes to the Senate. There is not these credentials should be referred to the pointed out by that act, it is all that ought to à certificate here from the chief executive Committee on the Judiciary, that some general | be required. I do not care whether the Gov. officer of the State under the seal of the State, rule may be established by which all subse. ernor failed to make the certificate because of but the separate certificates of the presiding quent difficulties may be averted. It is true accident or sickness, or because he refused to officers of the two branches of the Legislature. that in one sense the election was not held in make it; it is not important, it is not indis
Mr. EDMUNDS. A general certificate. this instance according to the act of Congress Il pensable to the election. The question is:
was the election held in accordance with the the Judiciary, that the election of these Sena- a law which requires a particular form of evi. act of Congress, and if it was, whatever satis- tors took place before (according to the princi- dence of the fact of the election of a Senator. fies the Senate on that subject is sufficient. ple of the majority of the Senate) the Legisla | That form of evidence, in one of its important
Mr. HENDRICKS. Will my colleague allow ture of Arkansas was a constitutional and legal requisites, in the present case is defective. me one moment ?
Legislature. I understand that position to be The Governor of that State has not attached Mr. MORTON. Certainly.
conceded, that this body, calling itseif the the certificate which the law requires to the Mr. HENDRICKS. If he understands me Legislature of Arkansas, got together and pro
credentials of these elected Senators. Will as saying that the certificate of the Governor ceeded to make an election by which these two Congress, in the absence of that essential part is essential to the right of the party to his oflice gentlemen were selected as Senators from that of the proof, admit them without a reference he misunderstands me. It is the election which State to the United States Senate, when, ac- of their credentials and their case to the Judigives the man a right to his office, and the cer. cording to the principle of the majority of the ciary Committee? There may, or may not, tificate is but evidence of the election. But Senate, there was no such thing in existence exist a sutficient cause for the absence of that as the law prescribes the character of the evi- as a constitutional and legitimate Legislature | feature in the proof. If there is a sufficient dence that shall be furnished, in the absence of the State of Arkansas. It is conceded that cause for its absence, and it may be dispensed of such evidence ought not the evidence pre- the election took place by a body that was not with, the facts upon which it may be dispensed sented to be examined by a committee? That authorized to make it, which, according to the with are certainly proper for the consideration is all I undertake to say.
principle of the gentleman, had no legitimate and report of the Judiciary Committee. Mr. MORTON. If there was any doubt power to make it; and yet, as Congress yes- Mr. President, I was impelled to make obabout it, it might be proper to do so. The terday passed a law declaring that Arkansas jection to the admission of these Senators upon certificate of the Governor is not here, but the was entitled as a State in the Union to be the ground that I previously stated. I do not certificate of the two presiding officers is here. admitted to representation in both Houses believe that they have any constitutional claim The Senator will admit that the certificate of of Congress, it is contended that Congress or right whatever to seats as Senators from the the Governor is not indispensable. The absence should therefore sanctify and make valid this State of Arkansas; and to meet their right, of it does not defeat the election. It is simply | informaland void election of Senators from that and to compete with it, I endeavored to bave a question, after all, whether there is satisfac- State. It is a singular position, to say the least, thrown before the Senate the legitimate and tory evidence before the Senate that these men that an election which had no validity, which exactly legal returns or commissions of prewere elected in pursuance of the act of Con. was unauthorized by the Constitution and the vious Senators from that State, whose terms gress. The speaker of the house and the
pres. laws, and therefore utterly void, can be made of service, as evidenced on the face of the creident of the senate say they were. Does good and valid by the action of Congress. Identials, have not yet expired. I believed, as anybody doubt that this certificate is true? ask, under that state of fact and of principle, \ I now believe, that the right of the men who There is no doubt entertained by anybody here who would make the election of these Senators, held the previous credentials was not only the on that subject. Therefore, a reference to a the Legislature of Arkansas or the Senate of paramount right, but the only right to a claim committee is a mere matter of form, which the United States?
of seats upon this floor as. Senators, and that can do no good to anybody, and only accom- Mr. MORTON. I should like to ask the consequently the two gentlemen who are preplishes delay. For that reason I object to the Senator from Kentucky one question. I ask sented this morning have no right whatever to reference. This great work has suffered many him if it is not consistent with the whole prac. seats in the Senate. delays. This act is the consummation of a work tice of the Government in the admission of The Senator from Michigan (Mr. HOWARD] that has been going on for a year and a half, States ? Territories are formed as States, but, says that that question has been settled, and or nearly so. It is time it was ended. Here before they are admitted, I ask himn if their that I am seeking to revive the controversy is evidence that leaves no doubt upon the mind | Legislatures do not elect Senators at a time between the President and Congress as to of any Senator here. There is no question when they are not Legislatures of States, but which of those two powers of the Government about the fact. These men have been elected only in embryo; and whether such elections | should reconstruct these States. Sir, I have in pursuance of the act of Congress. Why not are not ratified and made valid by relation || always denied that either of those powers of let ihem be sworn at once?
back when the State is subsequently admitted ? the Government had any right to pass reconMr. DAVIS. Mr. President, a motion was Has not that been the practice of the Govern- struction laws. I concede no such principle as made to admit two gentlemen as Senators from ment from the very beginning ?
tbat. I have always combated that principle, the State of Arkansas. Their credentials were Mr. DAVIS. I concede that; and upon this that power, that right on the part of the Pres. presented, and it was proposed that they should | principle: that the people of the State had ident or Congress either to reconstruct or to take the oath required by the Constitution and formed the State before it was admitted into | prescribe terms for the reconstruction of the the law. I thought that it was not regular, but the Union, and that the only action of Con- States that were in the rebellion. My principle against the right and truth of the case that
gress was to admit a State into the Union that has been, as has often been expressed to the those two men should be admitted to seats in
had been previously formed by the people of Senate, that when the rebellion was subdued, the Senate. I therefore made a question upon that State.
crushed, and the people of those States that that right, as it was my prerogative to do. Mr. MORTON. I ask if it was not still a were in rebellion made their submission to the They are the first of a series of Senators who | Territory until it was actually admitted? If it United States Government, the Constitution are to be introduced under the reconstruction was a State and to be regarded as a State for itself, by its own principles and its own operalaws, and I conceived that it was an important a moment until its actual admission ?
tion and effect, restored them to the Union action on the part of the Senate to admit them; Mr. DAVIS. I say not, in response to the and enabled them to claim all their rights in and as I believed that they were not entitled to
. State would
of United States. admission I decided to make the question at least, and I made it in the form of moving that as a State into the Union by Congress. Con. question has been settled ; that it has been the credentials of these gentlemen be referred gress has no right to form a State. Congress adjudged by the Senate and House of Repreto the Committee on the Judiciary. I had has no constitutional power whatever to make sentatives. I tell the honorable Senator that applied to the Secretary of the Senate at his a State or to form a State. The people make there is an appeal pending before the Amerioffice before to see these credentials, to know the State, form the State, and frame its State can people from that judgment, and in my in what form they had been made ; but they government; and after all this work is done opinion that judgment will be swept awayrand were not on file, and the objections which now the simple, isolated act which the Congress will, before twelve months, exist as naught, as come up on their face and in the form of the does is to admit the State, as it has been formed, || nothing. But that is a question of opinion election I did not know of, as the credentials into the Union as one of the United States. between the honorable Senator and myself. were not with the Secretary and I had no According to the theory of the honorable I have explained the considerations that opportunity of examining them. Upon my
Upon my gentlemen who constitute the majority of the moved me in making my objection, and I have motion to have their credentials referred I was Senate Arkansas was not a State in the Union, || stated my opinion in relation to the matter, using the credentials of other men, previously and not a State at all, at the time the election and the grounds upon which, generally, it was made out in their favor, as a part of my of these Senators took place, as I understand. || formed, and I therefore leave the case. remarks, and it was only in that form, as a Assuming their principle to be true, that Ark. Mr. POMEROY. The question I believe part of the remarks that I intended to make
ansas was not a State, then her Legislature || is, whether these credentials shall be referred upon the case, that I asked to have them read
was not a legitimate, valid Legislature of the to the Committee on the Judiciary. I move by the Clerk. I supposed that if the credentials State of Arkansas. It certainly then had no to lay that question on the table. of the men who are now presented are referred power to elect a Senator, or to give that elec- Mr. TRUMBULL. That will dispose of to the committee the other credentials and all | tion such validity as that when Congress should the whole subject. other testimony bearing upon any questions in pass a law declaring that Arkansas should be Mr. POMEROY. I understand that that the case of course would go before that com- entitled to representation in the Senate and will lay the credentials on the table, where mittee. In making the motion, it was iny House it would sanctify that election made by they should be, and then we can proceed to intention and my purpose to bring as far as I a body that was not a Legislature at all. Sir, swear in the Senators-elect. could before the Senate and the committee, if this is a grave question. It is certainly of Mr. CONNESS. I understand the discussion the question should be referred to the commit- such a character as merits a reference to the to be at an end, and I hope the Senator will tee, all the testimony bearing properiy upon | Judiciary Committee, that that committee may withdraw the motion, and let us vote. any question arising in the case.
consider it and report upon it to the Senate. Mr. POMEROY. "I will withdraw it if no Now, Mr. President, it turns up, after the One word with regard to the other objection, more speeches are to be made ; but it is now debate has commenced, by the admission of which has been conceded to exist, to the ad- after two o'clock, and we have been discussing the honorable chairman of the Committee on il mission of these Senators. Congress has passed li a question which has been discussed here ever
since I bave been in the Senate about the power
MESSAGE FROM TIIE HOUSE.
United States, communicating, in compliance of these States to organize governments. If that question is to be discussed on the present. || tives, by Mr. McPherson, its Clerk, announced
A message from the House of Representa
with a resolution of the Senate of the 28th
ultimo, correspondence relating to the act of ation of credentials and on a motion to refer that the House had agreed to the amendment
Congress prohibiting persons in the diplomatic credentials I think the subject should be laid of the Senate to the bill (H. R. No. 822) grant
service from wearing uniforms or official coson the table. I do not want to cut off any person ing a pension to Hampton Thompson.
tumes; which was referred to the Committee on wbo desires a moment to reply; and if the
The message further announced that the Foreign Relations, and ordered to be printed. Senator from Michigan wishes to do 80,
AMERICAN CITIZENS ABROAD,
No. 292) directing the Secretary of War to Mr. CONNESS. I offered a resolution yes
sell damaged or unserviceable arms, ordnance in reply. I do not propose to attempt to answer
terday to discharge the Committee on Foreign and ordnance stores, in which the concurrence the honorable Senator from Kentucky upon the
Relations from the further consideration of the of the Senate was requested. constitutional question which he has raised. I
bill (H. R. No. 768) concerning the rights of
The message also announced that the House am quite content with the decision which has
American citizens in foreign States. As that had passed the bill (S. No. 216) to amend an been made of that great question ; and I am
bill has been reported by the committee this act entitled "An act granting lands to aid in equally confident with himself that upon the
morning I desire to withdraw the resolution. the construction of a railroad and telegraph trial of that question again before the great
The committee having reported the bill, and I line from the Central Pacific railroad, in Calcourt of appeal which he seems to invoke the ifornia, to Portland, in Oregon," with amend
having no object in view but to get the early decision will be as decidedly adverse to him
consideration of the Senate to the bill, I now ments, in which the concurrence of the Senate and his party as it has been in Congress.
ask leave of the Senate to withdraw the reswas requested.
olution. I wish, however, to say one word in regard to the act of 1866, which is appealed to here
INDIAN APPROPRIATION BILL.
The PRESIDENT pro tempore. The Chair by the gentlemen opposing the admission of Mr. CORBETT submitted an amendment
hears no objection, and the resolution is with. these Senators, and as to which it is said that
drawn. intended to be proposed to the bill (H. R. No. the credentials on the table are not in con- 1073) making appropriations for the current
PRINTING OF A PETITION. formity with the provisions of that act. Now, || and contingent expenses of the Indian depart- Mr. HENDRICKS. I presented a petition sir, what was the date of that act? It was ment and for fulblling treaty stipulations with this morning of certain voters of this District, passed in July, 1866. At the time that act various Indian tribes, for the year ending June which I desired to have printed. I intended
was passed the rebel States were still in their 30, 1869, and for other purposes ; which was to make the motion at the time I presented it; • anomalous condition. They had no regular | referred to the Committee on Appropriations, but I forgot to do so. I now ask that the petigovernments. They were held by the author- and ordered to be printed.
tion be printed. ities of the United States by virtue of the
CALIFORNIA AND OREGON RAILROAD.
The PRESIDENT pro tempore. That order triumph of our arms; and the very text of
will be entered, if there be no objection. that act, when carefully considered, will be The PRESIDENT pro tempore laid before
ENROLLED BILLS SIGNED. found not to be applicable to the States in that
the Senate the amendments of the House of particular condition. I do not regard the act Representatives to the bill (S. No. 216) to
A message from the House of Representa. of 1866 as applicable by its terms or by its amend an act entitled "An act granting lands
tives, by Mr. McPherson, its Clerk, announced spirit to the readmission into Congress of the to aid in the construction of a railroad and
that the Speaker of the House had signed the rebel States. It was not expected to apply to
telegraph line from the Central Pacific rail. || following enrolled bills and joint resolution; them, because in many of its provisions it was road, in California, to Portland, in Oregon.
and they were thereupon signed by the Presi: utterly impossible to apply it.
The amendinents were in line ten, to strike out dent pro tempore of the Senate: Then, again, eight months afterward, in the words “ two years" and to insert "eight
A bill (S. No. 216) to amend an act entitled March, 1867, Congress passed what is known
een morths, and in line twelve, to strike out "An act granting lands to aid in the construcas the first reconstruction act. That act and three years'' and to insert “two years."
tion of a railroad and telegraph line from the its supplements declare in substance that when
Mr. CORBETT. I move that the Senate
Central Pacific railroad, in California, to Portthe rebel States shall have complied with the concur in those amendments,
land, in Oregon;'! terms contained in those acts the States shall
The motion was agreed to.
A bill (H. R. No. 822) granting a pension to be declared entitled to representation, and
Hampton Thompson; and
A joint resolution (H. R. No. 264) to pro. Senators and Representatives shall be admitted
The joint resolution (H. R. No. 292) direct- vide for the sale of the site of Fort Covington, therefrom as therein provided; that is, as provided in the State constitutions which the
ing the Secretary of War to sell damaged or in the State of Maryland. respective rebel States may have formed. We unserviceable arms, ordnance, and orduance
LEGISLATIVE, ETC., APPROPRIATION BILL. are not bound by the act of 1866 in regard to
stores, was read twice by its title.
The PRESIDENT pro tempore. The inthe credentials of Senators from those States; of but a few lines, I ask that it be put upon its
finished business of yesterday is now before the but we are simply thrown back upon our con: passage.
Senate. stitutional authority to judge of the qualifica- The PRESIDENT pro tempore. It requires
The Senate, as in Committee of the Whole, tions of the persons elected, and of the suffiunanimous consent to consider the joint resolu
resumed the consideration of the bill (H. R. ciency of their credentials. Wben Senators tion at this time. Is there any objection?
No. 605) making appropriations for the legislook at the act of 1866, it will be obvious
Mr. EDMUNDS. Let us hear what it is lative, executive, and judicial expenses of the enough to any one, I think, that it is impossifirst. Let it be read for information.
Government for the year ending the 30th June, ble to apply the terms of that act to the rebel
The Chief Clerk read the joint resolution, 1869, the pending question being on the amend. States. "It was never supposed that it would which is a direction to the Secretary of War
ment of Mr. Sumser to the amendment of the be so applied. But in regard to the readmission of the rebel States we are governed ex
to cause to be sold, after offer at public sale, Committee on Appropriations. The amend
on thirty days' notice, in such manner and at ment of the committee was to insert after line clusively and solely by the reconstruction acts such time and place, at public or private sale, as
three hundred and fifty-two, following the approand by our naked, constitutional authority. Therefore, supposing as I do, that these cre
he may deem most advantageous to the public priation for the compensation of the officers of dentials are truthful upon their face, and that
interest, the old cannon, arms, and other ord- the State Department, the following proviso :
nance stores in possession of the War Depart- Provided, That the third section of the act of these gentlemen have been elected by the Le. inent which are damaged or otherwise unsuit.
August 18, 1856, entitled "An act to amend an act gislature of that State altogether in pursuance
entitled An act requiring foreign regulations of able for the United States military service or of the reconstruction acts, I think they are
coinmerce to be laid annually before Congress: for the militia of the United States, and to cause
approved August 16, 1842, and for other purposes, entitled to their seats, and I am therefore the net proceeds of such sales, after paying all
and also that the second section of the act of July opposed to the reference of the question to
25, 1866, entitled "An act making appropriations the Judiciary Committee, and am in favor of
proper expenses of sale and transportation to for the consular and diplomatic expenses of the Gov.
the place of sale, to be deposited in the Treas. ernment for the year ending 30th June, 1867, and their being immediately sworn in.
for other purposes," be, and the same are hereby, The PRESIDENT pro tempore. The ques
ury of the United States.
The amendment of Mr. SUMMER was to strike mittee on the Judiciary.
out of the amendment of the committee the The inotion was not agreed to..
to my friend an amendment that it clearly
following words: The PRESIDENT pro tempore. It is now
And also that the second section of the act of July have repeatedly considered here. moved that the Senators-elect be sworn in.“
25, 1866, entitled "An act making appropriations for
The PRESIDENT pro tempore. The joint the consular and diplomatic expenses of the GovernThe motion was agreed to. resolution can only be considered at the pres
ment for the year ending 30th June, 1867, and for other The PRESIDENT pro tempore. The Sen. ent time by unanimous consent.
purposes.” ators-elect from Arkansas will advance to the
Mr. MORRILL, of Maine. I object.
Mr. SUMNER. I do not know that it is Chair and take the necessary oaths.
The PRESIDENT pro tempore. Objection
advisable to protract this discussion ; and yet The Senators from Arkansas, Messrs. Mcbeing made, it will be referred to the Commit.
there were some remarks that were made at DONALD and Rice, escorted by Mr. POMEROY tee on Military Affairs and the Militia.
the close of the debate yesterday to which I and Mr. THAYEK, advanced to the desk, and
should like for one moment to reply. i have having taken the oaths prescribed by the Con
nothing to say with regard to the first part of stitution and the act of July 2, 1862, took their The PRESIDENT pro tempore laid before the amendment of the committee relating to seats in the Senate.
the Senate a message from the President of the the clerkship of statistics in the State Depart