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: 2,925
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1870.
THE CONGRESSIONAL GLOBE.
2925
The SPEAKER pro tempore. It would not
bo in order. ;
.Mr. LLIMUDGK. 1 would like to know
lu.w ihe Cuair can judge whether my apoech
would be iit order or not tili he hears it. i
would endeavor to speak to the question.
The Sei-geantatAruis again appeared and
announced that, pursuant o the order of tho
1 louse, he now had in custody at the bar of tho
House Mr. .Moors, of Illinois.
TheSPEAKEUj> We jwr<. -Mr. Moore, of
Illinois, vou have been absent from the session
of the House without its leave. What excuse
have jou to oiler'.'
Mr. .MOORE, of Illinois. 1 was quite un-
weli this afternoon, and might readily have
given uiy excuse to the person who came for
me, mid scut it to the House: but supposing
probably it was indispensable if 1 could come
at al! tuat I should do so, I am here. That
is my excuse.
M r. (TLLOM. I move that he be excused,
as lie states that he is too unwell to be present.
The motion was agreed to.
Mr. SHANKS. I move tbat the gentleman
be excused from further attendance this even-
ing.
Tho motion was agreed to.
Mr. PARKSWORTH. I more that all far-
ther proceedings under the call be dispensed
with.
Mr. SCHENCK. I hope not.
Mr. FAUNSWORTH. I call for the yens
and nays. The object of this whole proceed-
ing was to get a quorum. A quorum appeared
upon the first call of the roll. The gentleman
from Ohio. [Mr. Schexck.] who v.-as away last
night,comes" in to-night and consumes the whole
evening. [Cries of '•Order!"' "Order!"] I
protest against if. and demand the yeas and
navs.
The question was put on ordering the yeas
and nays; and seventeen voted in the affirm-
ative.
Mr. FARNSWORTH called for tellers.
Tellers were ordered ; and Mr. Schexck and
Mr. Fakxswortii were appointed.
The House divided: and the tellers reported
that there were thirty-nice in the af.irmative.
So (the affirmative being more than one Cfth
of the last vote) the yeas and nays were ordered.
The question was then taken: and it was
decided in the negative—yens 36, nays 92,
absent or not voting 98; as follows:
YEAS—Messrs. A'per, Atwood, Bcaman, Benja-
min, Bingham, Bufiinton. Burehard, Cake, Sidney
Clarke, Ooburn.Cook, Conner, Degener. Varnsworth.
(libson-Griswold.lUmill. Ingersoil, Alexander II-
.1 one , Keteham.M'-Kee, Bliakim II. Moore, Samuel
1*. Morrill. Niblack, Packer, Percc. I'ol and, Vomeroy,
Shober, Worthing ton C. Smith, Starkweather, Ste-
vens. Stoughton, Xanncr, Xrimbie, and Vv iliiani B.
"Washburn—36.
NAYS—Messrs. Allison. Arm«tronfr. Arnell,
Beatty.Beck, Bennett, Benton. Bird, Blair, Boyd,
JamesBmoks.Buck, Buckley.Burdctt, Jlodorick It.
Butler, Calkin, Cessna. Cleveland. Amasa Cobb,
Conger, Dawes, Dickey, Dickinson, Donley, Dox. Eld-
ndfe, Ferrin, fiakelobore. Fisher, tieti, Oilfillan,
11.-light, Hamilton, Harris, Hawkins, JIawIcv. Hay,
Hoar, Holmao, Hooper, Johnson, Kelley, K el log?,
Kelsey, Kerr, Ivnapp, Laflin, Lawrence, Marshall,
McCarthy, McCrary, McNoely, Merc nr. William
Moore, Myers. O'Neill, Orth, Packard, Palmer,
Phelps.Randall,Roger?, Sanford,Sargent, Schenck,
Scofield, Shanks, Lionel A. Sheldon, Joseph 8. Smith,
William Smyth, Stiles, Strickland. Strong, Swann,
Taylor, Tillman, Xownsend, Xwichell.Tyncr, Upson,
Van Aoken, Van Wyck, C.vlwaladcr C. Washburn,
Welker. Welli, Wheeler, Whitmore, Willard, Wil-
liams, Winans, Winchester, and Witeher—92.
.N'OT VOTIX(J—Messrs. Adams, Ambler, Ames,
A rch er, A xtel 1. Ayer, Bai ley. Ban ks, B arn um. Barry,
Biggs, Boles, Booker, Bowen, George M. Brooks,
Burr, Benjamin F. Butler, Churchill, William X.
('lark, Clinton L. Cobb, Covodc, Cowles, Cox.Crcbs,
Cullom. Dari«. Dixon, Dockery, Duval, Dyer, Ela,
Ferry,Fitch, Fox, Garfield, Haldcraan, Hale, Ham-
bleton, Haya.Heaton, lleflin.Hill. Hoge, flotchkigs,
Jenckcs, Thomas L. Jones. Judd, Julian, Knott.
Lash, Logan, Loughrids*c, Lynch, Mayham, May-
nard, McCormick, Alctire ir, McKenzie, Milncs, Jesse
H. Mooro, Morgan, Morphis, Daniel J.Morrell.Mor-
rissey, if angen, N egley, Paine, Peters, Piatt, Porter,
Potter, Prosser, Reeves, Rice, Ridgway, Kools, Saw-
yer, Sehnmaker, Porter Sheldon, Sherrod, Slocum,
John A.Smith,William J. Smith, Stevenson, Stokes,
Stone, Strader, Sweeney, Taffe, Van Horn, Van
Trump,Voorhees,Ward, Wilkinson, Eugene M. Wil-
son, John 'X. Wilson, Wood, and Woodward—88.
The Sergeant-at-Arma then appeared at the
bar and announced that, pursuant to the order
of the House, he had in custody at the bar Mr.
Wu.uam N. SwEEXur, of Kentucky.
The SPEAKER pro tempore. Mr. Swee-
ney, you have been absent from the session of
this House without ita leave. What excuse
have you to otfer for being thus absent?
Mr. SWEENEY. I do not know that I have
any excuse that would bo a valid one. 1 was
uot feeling very well, and remained at hotneon
that account; still 1 was uot so unwell but 1
might have been hero.
Mr. BECK. I move that my colleague, Mr.
Swkkxey, be excused for having been absent
to-night, i know he is a modest mau, and
probably does not like to state the real reason
i'or his absence. Ho has been a married man
for seventeen years, and received a dispatch to-
day informing him that his wife has just become
the mother of his first girl-baby, [daughter.]
lie has been treating bis friends very liberally
siuce the receipt of that joyful news, and there-
fore is low in funds. I move that be be excused.
The motion to excuse was agreed to.
Mr. SCHENCK. I now offer the following
resolution:
Retolrrd, That all further proceedings under tins
call bo dispensed with, except to dispone of the cases
ufguch absentees as have not yet been exciised; and
that tho Speaker issuo his warrant to tho Sergeaut-
at-Arms, requiring him to bring such absentees ns
have not hail their cases disposed of to the bar of tho
House for ita action at one o'clock p. m. on Monday
next.
With the leave of the House, I will simply
state that I havo named Monday next, as that
is usually a lost day in some respects, in con-
sequence of motious to suspend the rules, &c.
It will also give aii opportunity to the Sergeant-
at-Arins to bring the whole thirty-four ahsent-
< ees—I believe that is the number of cases of
absentees now undisposed of—at once to the
bar of the House at tbat time.
Mr. BINGHAM. I move to amend the reso-
lution so as to confine its operations to such
members as the Sergeant-at-Arms may find
within the District of Columbia. I huve no
idea of requiring the Speaker to issue bis writ
in such a case as this for the arrest of members
who are absent from the District.
Mr. SCHENCK. Well; I do not knotv that
I have any objection to that amendment.
Mr. ELDIIIDGE. I raise the point of order
that this resolution is not in order under the
rules.
Mr. SCHENCK. It is expressly stated in
the rules that such aa order may be made.
The SPEAKER pro tempore. The Chair
overrules the point of order.
Mr. BIX Gil AM. I understand that my
colleague [Mr. Schexck] accepts ray amend-
ment.
Mr. SCHENCK. I have no objection to it,
and will modify my resolution accordingly.
Mr. FITCH. 1 move to amend the resolu-
tion by striking out " Monday" and inserting
: "Saturday."
The SPEAKER pro tempore. Tho ques-
tion will be first taken upon the amendment.
Mr. SMITH, of Oregon. I would suggest
to the gentleman from Ohio [Mr. Schenck]
that one of the absentees has obtained leave
of absence, to take effect this evening or to-
morrow. He is absent on very important busi-
ness, and it would be a very great hardship to
that gentleman to bring him here on Monday
next.
Mr. BENTON. He is exempted.
Mr. SMITH, of Oregon. I do not under-
; stand that he is exempted.
Mr. FITCH. I move to amend the resolu-
tion by striking out "Monday," and inserting
"to-morrow."
Mr. SCHENCK. I am afraid that if that
amendment be adopted we shall lose tho whole
day to-morrow.
Mr. HOAR. I wish to inquire whether the
i adoption of the resolution as modified will not
ii have the effect to excuse all members who may
j have left the District without leave, and who
j do not return by the time specified.
Mr. BINGHAM. It postpones Unit question.
Mr. HOAR. No, sir; it exonerates all such
persons.
Mr. BINGHAM. As tho gentleman makes
an argument on the subject, 1 beg leave to say
that tho resolution in the form proposed does
not exonerate anybody, because the power of
tho House will not be exhausted until the re-
turn of tho writ, and then it will bo perfectly
competent for the House to renew tho order as
to other absentees if it sees lit to do so. My
reason for making tho proposition is twofold :
lirst, to prevent by anticipation unnecessary
expenditure by sending writs abroad for persons
who are not within the District of Columbia ;
the second is to reserve the opportunity for
stating to the House such reasons as may bo
within tho knowledge of members for dis-
pensing with further process against absentees.
Mr. HOAR. 1 desire that the resolution
be reported as it will read when modified.
Tho Clerk read as follows:
Henolved, That all farther proceedings under tho
oali bo dispoused with, except to dispose of tho eases
of such ubscutces \v h' i may be found within tho Dis-
trict of Columbia nnd havo not yet been excused;
and that tho Spoaker issuo his warrant to tho Sor-
goant-ut-Aruis, requiring him to bring sueli ab-
sentees as havo not had tlioir cases disposed of to
the bar of the House for its action at one o'clock
V. m. on Monday next.
Mr. ELDRIDGE. I wish to make a sug-
gestion or two. The gentleman from Ohio,
[Mr. Bingham,] the chairman of the Com-
mittee on the Judiciary, states that a large
expense will be incurred by bringing in gen-
tlemen who have gone away from the District
of Columbia without the leave of the House.
That, it seems to me, is a consideration which
ought not to engage the attention of the House
for one moment. I was arrested to-night, I
believe : but I was arrested within the House.
I came here, and was unable to get in at tho
front door. I tried the next door unsuccess-
fully ; I then came to another door where I
came in and delivered myself to the Sergeant-ut-
Arms. The House lined me ten dollars, and
i i paid the money. Now, the gentleman from
Ohio objects that we shall incur expense if we
• arrest gentlemen who have absented themselves
from the House without leave. I see no force
in this objection. If there are any costs or
charges let them be paid by t.he absentees. ]f
any member has left the District of Columbia
without the leave of the House let the expense
of bringing him here fall upon him. One great
wrong inflicted in this House ivpon the country
consists in the neglect of members to attend
the sessions of the House.
Mr. SCHENCK. If the gentleman will
give way a moment I wish to modify my res-
olution.
Mr. ELDRIDGE. I cannot give way. I
shall conclude in a few moments.
Mr. SCHENCK. I do not want to cut off
the gentleman's speech. I agree with him in
, what he is saying.
Mr. ELDRIDGE. I was afraid the gentle-
i man was going to agree with me, [laughter;]
and that is the reason I did not want to yield
to him.
Mr. SCHENCK. It is not generally very
agreeable to agree with the gentleman. [Laugh-
ter.]
Mr. ELDRIDGE. Mr. Speaker, there are
members of this House who during an entire
Congress have never been here one week con-
tinuously; yet they have drawn their full pay
as members. There are those who have been
absent many more days and many more weeks
, than they have been in attendance. There
are gentlemen upon both sides who have fre-
quently been absent from the House without
its leave; and some such, after being ar>ray,
have come back and insisted upon evening
sessions because the business was delayed.
! Now I say that this House ought to estab-
j lish some rule by which members shall not be
! allowed to absent themselves without leave.
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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/m1/97/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.