The Congressional Globe: Containing the Debates and Proceedings of the Second Session Forty-First Congress; Together with an Appendix, Embracing the Laws Passed at that Session Page: 2,859
[943] p. ; 25 cm.View a full description of this book.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
1870.
THE CONGRESSIONAL GLOBE.
2859
instance, we proposed to do away with one of
the three copies required by the present law,
effecting a saving, as has been shown at the
Interior Department, of $125,000 ot expense.
Now, that has been stricken out by the amend-
ment of the Senate—that matter of clear sav-
ing. There is no more use of two copies in
addition to the original than there is of a fifth
wheel to a coach. We do not want that done.
I do not intend to try, nobody proposes to try
to have adopted the plan agreed upon in the ,
beginning by the House. But what we do want
is that that shall be done which I have stated,
and also that another section shall be retained
empowering the Secretary of the Interior to
make certain changes in the schedule required
by the new feature of the Constitution in rela-
tion to suffrage. That, we think, should be
retained in the bill, and I do not despair of
securing it.
There is another thing which we think should
be left in the bill: the power in the Secretary
of the Interior to make an increase of compen-
sation to the extent of twenty-five per cent,
whenever in his judgment the remuneration
allowed is not sufficient. That is thrown out
by the Senate, except in regard to the Terri-
tories. This may be a minor matter, but we
think it is an important one. I have upon my
desk here a communication from the marshal
of the southern district of Ohio, in which he
says that under the law as it now stands the
assistant marshals will receive but little more
than two dollars per day; and that it is abso-
lutely necessary that some slight increase should
be made in order to secure the proper taking
of this census.
Mr. PAINE. My friend from Ohio [Mr.
Garfield] having disclaimed any purpose in
making the motion to non-concur in the amend-
ment of the Senate of undertaking to bring
forward for action again the former bill of the
House in substance, and which I supposed to
be his purpose, I will withdraw the motion I
made.
Mr. GARFIELD, of Ohio. I now ask that
the House non-concur in the amendment of
the Senate.
The SPEAKER. The question will be
taken upon concurring.
The question was then taken upon concur-
ring in the amendment of the Senate ; and it
was not agreed to.
Mr. GARFIELD, of Ohio, moved to recon-
sider the vote by which the House refused to
concur; and also moved that the motion to
reconsider be laid on the table.
The latter motion was agreed to.
Mr. GARFIELD, of Ohio. I move that
the House request a committee of conference
upon the disagreeing votes of the two Houses
upon this bill.
The motion was agreed to.
representation of georgia.
The next business npon the Speaker's table
was the amendment of the Senate to House
bill No. 1336, to admit the State of Georgia
to representation in the Congress of the United
States.
Mr. BUTLER, of Massachusetts. I move
that the amendment of the Senate be referred
to the Committee on Reconstruction. I wish
to say that I have seen the gentleman from
Ohio, [Mr. Bingham,] who is interested in this
subject, and I told him that any amendment
which he chose to send to that committee would
be, so far as I have anything to do with it,
reported back for the action of the House.
Mr. FARNSWORTH. I would suggest to
the gentleman from Massachusetts to move that
the Senate amendment be printed.
Mr. BDTLER, of Massachusetts. Certainly;
I include that in my motion.
Mr. LOGAN. The gentleman from Ohio
[Mr. Bingham] is not now in his scat. Heand
I compared opinions upon this subject, and
drew up an amendment which he intended to
offer if he were here when the subject came
up. I will now offer it for him, with the under-
standing that the Committee on Reconstruc-
tion, whatever may be their opinions on the
subject, will report the amendment back for
action in the House.
Mr. BUTLER, of Massachusetts. Certainly.
Mr. INGERSOLL. I desire to make a state-
ment to which I would call the attention of
the gentleman from Massachusetts, [Mr. But-
ler.] The gentleman from Ohio [Mr. Bing-
ham] is now absent from his seat. Before he
left he told me that he wished me to state to
the House, if this subject should come up to-
day, that it was the understanding on his part,
had, I think, with the gentleman from Massa-
chusetts himself, that the motion to refer should
not be disposed of until to-morrow, when he
could be here.
Mr. BUTLER, of Massachusetts. Oh, no;
. only thathisamendmentshould also be referred.
Mr. CESSNA. I ask leave to offer a sub-
stitute for the Senate amendment, and have it
j referred and printed with the other.
i Mr. IN GERSOLL. I also ask leave to offer
! a substitute, to be printed and referred,
j Mr. LOGAN. I ask that the substitute I
have offered on behalf of the gentleman from
Ohio [Mr. Bingham] be now read.
Mr. BECK. Will it be too late to raise any
point of order after it is read ?
The SPEAKER. It will not.
Mr. PAINE. In order to avoid all misunder-
standing I would remind my friend from Illi-
nois [Mr. Logan] that although the chairman
of the Committee on Reconstruction may now
consent to report back that amendment for the
action of the House, perhaps the committee
may disagree with him, and it might not be in
his power to do so.
Mr. COX. I hope this matter will be post-
poned until the gentleman from Ohio [Mr.
i Bingham] can be in his seat.
Mr. BECK. I rise to make a parliamentary
inquiry. If these amendments in the nature
| of substitutes are now presented, will they not
cut off such amendments or substitute as the
committee or a minority of the committee, on
consideration, may desire to present?
Mr. BUTLER, of Massachusetts. By no
means.
The SPEAKER. The House may refer to
the committee as many substitutes as it chooses,
yet the committee will report back the bill in
{ such form as they deem best, with or without
i amendments; and when the bill is reported the
parliamentary privilege of amendment will be
as widely open as though no substitute had
been offered.
Mr. BECK. Then I withdraw my objec-
tion.
Mr. LOGAN. On behalf of the gentleman
from Ohio [Mr. Bingham] I offer, to be
printed and referred to the committee, the fol-,
lowing amendment)
Strike out all after the enacting olauso of the bill,
and insert in lieu thereof the following:
That an election shall be held in said State of
Georgia in 1870 for members of the General Assembly
of said State provided for in the constitution of said
State, adopted by its convention on the 11th day of
March, 1868, at which election all persons who by
said constitution are electors shall be ontitled to
vote.
Sec. 2. And be it further enacted. That the State of
Georgia is hereby declared entitled to representation
in Congress.
I desire to state that I offer this substitute
for the gentleman from Ohio, [Mr. Bingham,]
who is absent. He and I agreed on this prop-
osition, and he was to offer it; but in his ab-
sence I offer it for him.
The SPEAKER. If there be no objection
the bill, together with the substitutes pro-
posed by the gentleman from Illinois, [Mr.
Logan,] the gentleman from Pennsylvania,
[Mr. Cessna,] and the gentleman from Illi-
nois [Mr. Ingersoll] will be referred to the
Committee on Reconstruction, and the amend-
ments will be printed in connection with the
bill.
There being no objection, it was bo ordered.
Mr. BUTLER, of Massachusetts, moved to
reconsider the vote by which the bill and the
several amendments were referred to the select
Committee on Reconstruction ; and also moved
that the motion to reconsider be laid on the
| table.
j The latter motion-was agreed to.
I Mr. COX. I wish to ask the gentleman from
; Massachusetts at what time it is proposed to
bring this matter before the House ?
! Mr. BUTLER, of Massachusetts. Not ut
' present.
j Mr. COX. Not until next week, I suppose V
Mr. BUTLER, of Massachusetts. Not until
next week.
' Mr. COX. All right.
! louisiana election ca?e.
I Mr. KERR. I rise to a question of priv-
I ilege and offer the following resolution:
liesolved, That tho Speaker of the House be directed
to inform tho Governor of the State of Louisiana
that there is a vacancy in the representation from
that State in the first congressional district thereof.
Mr. CESSNA. I rise, not for the purpose
of objecting to the gentleman's resolution, but
to suggest that possibly there may be some
other cases in the same category in a few days,
and perhaps we might as well dispose of them
all at once.
Mr. KERR. I desire to be heard for a few
moments before calling the previous question
upon this resolution. In the course of my
argument yesterday in the case of Sypher vs.
St. Martin I said to the gentleman from Penn-
sylvania, [Mr. Myers,] in answer to an inter-
rogatory of his, that if he had listened to my
argument in that ca3e he would not have been at
any loss to know how I would answer the ques-
tion which he addressed to me. He seems to
have taken offense at that answer. It is scarcely
necessary for me to say that I made that answer
in good faith, and that I thought the circum-
stances rendered it proper and justifiable. I
did then believe, I do now believe, that the gen-
tleman had given no attention to the argument
which I was then making. If he had given
attention to what I had said I am sure he would
not have asked the question he did. If he had
not given attention then I am sure my answer
was not uncalled for. The gentleman thought
to-day that he could make a point—to me it
seemed an extremely small point—by suggest-
ing that there is some inconsistency between
my vote on the disposition of the case to-day
and my argument yesterday. I may concede,
Mr. Speaker, that in the result which was at-
tained to-day there is an apparentinconsistency
between those two positions; but I beg leave
to invite the attention of the House for a mo-
ment to a few facts.
It will not be forgotten that when this case
came on this morning for final disposition, and
the House had adopted the first resolution, by
which it was resolved by the House that John
H. Sypher was elected as a Representative
in this House from the first congressional dis-
trict of Louisiana, it had thus been solemnly
determined by the House that Mr. Lonis St.
Martin bad not been elected, my arguments to
the contrary notwithstanding. The House was
about to suffer Mr. Sypher to approach the bar
of the House to take the oath of office. Then
there arose a possibility, by combination of
gentlemen on this side of the House and gen-
tlemen on the other side who desired to do
justice and to prevent a great wrong being per-
petrated by the House, of preventing the seat-
ing of Mr. Sypher as a Representative from
that district. I desired most earnestly to ac-
complish that result. I considered it my imper-
ative duty to do so if possible by any honorable
means. I knew he had not been elected and
was not entitled to the seat.
Now, coming back to my argument, Mr.
Speaker, I beg to say that I reaffirm to-day
every word I uttered yesterday. I reaffirm it
with as much sincerity and depth and earnest-
ness of conviction as I did on yesterday, that
Mr. St. Martin was elected legally, regularly,
Upcoming Pages
Here’s what’s next.
Search Inside
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
United States. Congress. The Congressional Globe: Containing the Debates and Proceedings of the Second Session Forty-First Congress; Together with an Appendix, Embracing the Laws Passed at that Session, book, 1870; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc30886/m1/31/: accessed March 28, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.