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that a quorum of the House of Representatives has assembled, and that Samuel J. Randall, one of the Representatives from the State of Pennsylvania, has been chosen Speaker, and that the House is now ready to proceed to business.
By Mr. Goode :
Resolved, That a committee of three be appointed on the part of the House, to join such committee as may be appointed on the part of the Senate, to wait on the President of the United States and inform him that a quorum of the two Houses has assembled, and that Congress is ready to receive any communication he may be pleased to make.
By Mr. Bright:
Resolved, That the Clerk of the House shall, at 1 o'clock p. m. to-morrow, place in a box the name of each Member and Delegate of the House of Representatives, written upon a separate slip of paper; that he proceed, in the presence of the House, to draw from said box, ope at a time, the said slips of paper; and as each is drawn he shall announce the name of each Member or Delegate upon it, who shall choose his seat for the present Congress: Provided, That before said drawing shall commence the Speaker shall cause each seat to be vacated, and shall see that every seat continues vacant until it is selected under this order; and that every seat, after having been selected, shall be deemed forfeited if left unoccupied betore the call of the roll of the House.
Mr. Bright moved to reconsider the votes last taken, and also moved that the motion to reconsider be laid on the table; which latter motion was agreed to.
Mr. Thomas Ryan, a Representative-elect from the State of Kansas, appeared and took the oath prescribed by section 1756 of the Revised Statutes.
By unanimous consent, seats were allowed to be selected by the following.named members before the general drawing for seats, viz:
Mr. Banks, Mr. Samuel S. Cox, Mr. Kelley, Mr. Patterson, Mr. Stephens, and Mr. Wood.
On motion of Mr. Clymer, at 3 o'clock and 5 minutes p. m., the House took a recess until 3 o'clock and 55 minutes p. m.
AFTER THE RECESS. The hour of 3 o'clock and 55 minutes p. m. having arrived, the House resumed its session.
The drawing of seats was then made, in accordance with the previous order of the House.
On motion of Mr. Samuel S. Cox, Ordered, That, until otherwise ordered, the bour of daily meeting shall be 12 o'clock m.
And then, On motion of Mr. Luttrell, at 5 o'clock and 30 minutes p. m., the House adjourned.
The following petitions were presented at the Clerk's desk, under the rule, and referred as stated :
By Mr. Knapp: The petition of H. S. Osborne & Co. and others engaged in the milling business at Quincy, Illinois, that an investigation be made of the manner of the reissue of a patent for mill apparatus numbered 5811, and that the patent-laws be amended so as to prevent the fraudulent issue or cancellation of patents; to the Committee on Patents, when appointed.
Also, the petition of Michael Piggott, postmaster, Lewis D. White,
mayor, and other citizens of Quincy, Illinois, for an increase of the salary of the letter-carriers of that city; to the Committee on the Post Office and Post-Roads, when appointed.
TUESDAY, OCTOBER 16, 1877. The following petitions and other papers were presented at the Clerk's desk, under the rule, and referred as follows, viz:
By Mr. Burchard: The petition of George W. S. Staplin, late a private in Company C, Fifteenth Regiment Illinois Volunteers, and others, that he be granted a pension; to the Committee on Invalid Pensions, when appointed.
By Mr. Burdick : Papers relating to the claim of the heirs of John Rice Jones, deceased, for indempity for lands sold and otherwise appropriated by the United States, within the limits of certain confirmed private land-claims in the State of Illinois ; to the Committee on Private Land-Claims, when appointed.
By Mr. Morgan : The petition of B. Hunt, B. H. Stone, J. A. Gibson, and 30 other citizens of Lawrence County, Missouri, for the remonetization of silver and the issue of 3.65 interconvertible United States bonds; to the Committee on Banking and Currency, when appointed.
By Mr. Vauce: The petition of Mrs. V. S. M. Chapman, to be reimbursed for property confiscated by decree of the United States courts in the State of New York, with papers relating thereto; to the Committee of Claims, when appointed.
A message from the Senate, by Mr. Sympson, one of their clerks:
Mr. Speaker : I am directed by the Senate to inform the House that a quorum of the Senate has assembled, and that the Senate is ready to proceed to business.
Mr. Hale, as a question of privilege, called up the case of James B. Belford, claiming a seat as Representative froin the State of Colorado.
Mr. Cox made the point of order that the question must first be taken on the case of the member first required to stand aside.
The Speaker sustained the point of order.
The Speaker thereupon stated the case of Joseph H. Rainey, of South Carolina, to be first in order;
Resolved, That the question of the prima facie as well as the final right of J. S. Richardson and Joseph H. Rainey, contestants respectively claiming a seat in this House from the first district of South Carolina, be referred to the Committee of Electious, hereafter to be appointed; and until such committee shall have reported in the premises and the House have decided said question, neither of said contestants shall be admitted to a seat.
Pending which, Mr. Hale submitted the following resolution as an amendment in the nature of a substitute:
Resolved, That Joseph II. Rainey be now sworn in as a Representative in Congress from the first district of the State of South Carolina.
Mr. Cox demanded the previous question; which was seconded and the main question ordered;
And the question being put,
Mr. Banks moved to reconsider the vote last taken, and also moved that the motion to reconsider be laid on the table; which latter motion was agreed to.
The said Joseph H. Rainey appeared, and, having taken the oath of office prescribed by section 1756 of the Revised Statutes, took his seat in the House.
Mr. Goode, from the committee appointed on the part of the House to wait on the President of the United States, reported that the com. mittee had discharged the duty imposed upon them, and that the Presi. dent bad informed them that he would communicate a message in writing to the two Houses immediately.
A message in writing was received from the President of the United States, by Mr. Rogers, his private secretary; which was handed in at the Speaker's table.
The Speaker stated the case next in order to be thit of Richard H. Cain, of South Carolina ;
Resolved, That the question of the prima facie as well as the right of M. P. O'Connor, against Richard H. Caiu, contestants, respectively, claiming a seat in this Hoose from the second district of South Carolina, be referred to the Committee of Elections, hereafter to be ap. pointed; and until such coin inittee shall have reported in the premises and the House has decided such question, neither of said contestants shall be admitted to a seat.
Pending which, Mr. Hale submitted the following resolution as an amendinent in the nature of a substitute :
Resolved, That Richard H. Cain be now sworn in as a Representative in this Congress from the second district of the State of South Carolina.
Mr. Clarke demanded the previous question; which was seconded and the main question ordered ;
And the question being put,
(Yeas ..................... 181 It was decided in the affirmative, Nays .....
( Not voting ................ 19 The yeas and nays being desired by one-fifth of the members present,
Those who voted in the affirmative are-
John F. Honse
Jay A. Hubbell
Walbridge A. Field Morton C, Hunter Latimer W. Ballon Lucien B. Caswell Charles Foster
H. L. Humphrey Nathaniel P. Banks Simeon B. Chittenden Chapman Freeman
John N. Hungerford
Amaziah B. James
Jobn S. Jones Horatio Bisbee, jr. Nathan Cole
James A. Garfield
Charles H. Joyce Henry W. Blair Omar D. Conger John M. Glover
J. Warren Keifer Archibald M Bliss Jacob D. Cox
Thomas M. Gunter Edwin W. Keightley Gabriel Bouck William W. Crapo Eugene Hale
William D. Kelley Thomas A. Boyd H. J. B. Cummings John llanna
John H. Ketcham Edward S. Bragg
Augustus W. Cutler Ang. A. Hardenbergh John W. Killinger Lorenzo Brentano Lorenzo Danford Alfred C. Harmer
George M. Landers Mark S. Brewer Horace Davis
Benjamin W. Harris Elbridge G. Lapham James F. Briggs Nathaniel C. Deering Henry R. Harris
William Lathrop Curtis H. Brogden
Dudley C. Denison Carter H. Harrison J. E. Leonard Thomas M. Browne Beverly B. Douglas E. Kirke Hart
Stephen D. Lindsey Aylett H. Buckner Mark H. Dunnell
George B. Loring Solomon Bundy
Jeremiah W. Dwight Robert A. Hatcher William Pitt Lynde Horatio C. Burchard Benjamin T. Eames Philip C. Hayes
Benjamin F. Marsh Theodore W. Burdick E. John Ellis
Geo. C. Hazelton
Anson G. MoCook Benjamin F. Butler Charles C. Ellsworth George W. Hendee J. H. McGowan
ID: 96 D Songer
Mr. William McKinley, jr. Mr Llewellyn Powers Mr. William F. Slemons Mr. John T. Wait
James H. Randolph William S. Stenger Lewis F. Watson Charles H. Morgan David Rea
J. H. Stewart
Michael D. AV hite
Edwin Willets Addison Oliver
George D. Robinson John M. Thompson Alphens S. Williams Charles O'Neill Milton S. Robinson J. M. Thornburgh
Andrew Williams Edward Overton, jr. Thomas Ryan
J. W. Throckmorton Charles G. Williams Horace F Page Ezekiel S, Sampson Thomas F. Tipton
James Williams George W. Patterson William F. Sapp
Richard Williams Thomas B. Peddie Milton Sayler
Martin I. Townsend Benjamin A. Willis James Phelps Gustave Schleicher Jacob Turney
Fernando Wood William A. Phillips Leonidas Sexton
Robert B. Vance
Thomas Wren Henry M. Pollard
Wm. S. Shallenberger Nelson H. Van Vorhos Hendrick B. Wright Clarksou V. Potter C. H. Sinnickson
Alfred M. Waddell Jesse J. Yeates. Thad. C. Pound
Those who voted in the negative areMr. D. Wyatt Aiken Mr. Jordan E. Craveng Mr. Hilary A. Herbert Mr. Terrence J. Quinn J.D.C. Atkins
Thomas T. Crittenden Charles E. Hooker John H. Reagan Hiram P. Bell D. B. Culberson Eppa Hunton
James B. Reilly Charles B. Benedict Robt. H. M. Davidson Frank Jones
Americus V. Rice George A. Bicknell Joseph J. Davis
Job E. Kenna
Haywood Y. Riddle Jos. C. S. Blackburn Geo, G. Dibrell
Alfred M. Scales Andrew R. Boone Milton J. Durham
J. Proctor Knott
Charles M. Shelley Samuel A. Bridges John R. Eden
Robert F. Ligon
William E. Smith John M. Bright Anthony Eickhoff
Daniel N. Lockwood Milton I. Sonthard George C. Cabell John H. Evins John K. Luttrell
William A. J. Sparks John W. Caldwell Thomas Ewing L. A. Mackey
William M. Springer
Walter L. Steele
Benjamin J. Franklin Benjamin F. Martin Richd. W. Townshend
Stephen L. Maybam Thomas Turner
James A. McKenzie William D. Veeder Hiester Clymer
Andrew H. Hamilton Hernando D. Money Gilbert C. Walker Thomas R. Cobb John T. Harris
William R. Morrison W. C. Whitthorne Francis D. Collins William Hartzell H. L. Muldrow
Jeremiah N. Williams Philip Cook Daniel M. Henry Nicholas Muller
Albert S. Willis James W. Covert
Goldsmith W. Hewitt Auburn L. Pridemore Benjamin Wilson. Samuel S. Cox
Those not voting are-
James Taylor Jones Otho R. Singleton
Alex. H. Stephens J. B. Elam Dudley C. Haskell
Romualdo Pacheco John R. Tucker Greenbury L. Fort Eli J. Henkle
Charles B. Roberts Casey Young. So the amendment was agreed to.
The question then recurring on the resolution as amended, the same was agreed to.
The said Richard H. Cain appeared, and, having taken the oath of office prescribed by section 1756 of the Revised Statutes, took his seat in the House.
Mr. Samuel S. Cox, by unanimous consent, presented certain papers in the contested-election case of Richardson vs. Rainey; which were referred to the Committee of Elections, when appointed.
Mr. Clarke, by unanimous consent, presented certain papers in the contested election case of O'Connor vs. Cain; which were referred to the Committee of Elections, when appointed.
The Speaker, by unanimous consent, laid before the House the following message, received this day, viz:
Fellow-citizens of the Senate and House of Representatives :
The adjournment of the last Congress without making appropriations for the support of the Army for the present fiscal year has rendered necessary a suspension of payments to the officers and men of the sums due them for services rendered after the 30th day of June last. The Army exists by virtue of statutes, which prescribe its numbers, regulate its organization and employment, and which fix the pay of its officers and men, and declare their right to receive the same at stated periods.
These statutes, however, do not authorize the payment of the troops in the absence of specific appropriations therefor. The Constitution has wisely provided that “no money shall be drawn from the Treasury but in consequence of appro, riations made by law;" and it has also been declared by statute that “no Department of the Government shall expend in any one fiscal year any sum in excess of appropriations made by Congress for that fiscal year." We have, therefore, an Army in serv. ice, autborized by law and entitled to be paid, but no funds available for that purpose.
It may also be said, as an additional incentive to prompt action by Congress, tbat, since the commencement of the fiscal year, the Army, though witbout pay, bas been constantly and actively employed in arduous and dangerous service, in the performance of which both offi. cers and men bave discharged their duty with fidelity and courage, and without complaint. These circumstances, in my judgment, constitute an extraordinary occasion, requiring that Congress be convened in advance of the time prescribed by law for your meeting in regular ses. sion. The importance of speedy action upon this subject on the part of Congress is so manifest that I venture to suggest the propriety of mak. ing the necessary appropriations for the support of the Army for the current year, at its present maximum numerical strength of twenty-five thousand men ; leaving for future consideration all questions relating to an increase or decrease of the number of enlisted men. In the event of the reduction of the Army by subsequent legislation during the fiscal year, the excess of the appropriation could not be expended; and in the event of its enlargement, the additional sum required for the payment of the extra force could be provided in due time. It would be unjust to the troops now in service, and whose pay is already largely in arrears, if payment to them should be further postponed until after Congress shall bave considered all the questions likely to arise in the effort to fix the proper limit to the strength of the Army.
Estimates of appropriations for the support of the military establishment for the fiscal year ending June 30, 1878, were transmitted to Congress by the former Secretary of the Treasury at the opening of its session in December last. These estimates, modified by the present Secretary, so as to conform to present requirements, are now renewedamounting to $32,436,764.98—and, having been transmitted to both houses of Congress, are submitted for your consideration.
There is also required by the Navy Department $2,003,861.27. This sum is made up of $1,446,688.16 due to officers and enlisted men for the last quarter of the last fiscal year; $311,953.50 due for advances made by the fiscal agent of the Government in London for the support of the foreigu service ; $50,000 due to the naval-hospital fund; $150,000 due for arrearages of pay to officers; and $15,219.58 for the support of the Marine Corps.
There will also be needed an appropriation of $262,535.22 to defray the unsettled expenses of the United States courts for the fiscal year euding June 30 last, now due to attorneys, clerks, commissioners, and marshals, and for rent of court-rooms, the support of prisoners, and other deficiencies.
A part of the building of the Interior Department was destroyed by fire on the 24th of last month. Some immediate repairs and temporary structures have in consequence become necessary, estimates for which will be transmitted to Congress immediately, and an appropriation of the requisite funds is respecttully recommeuded.
The Secretary of the Treasury will communicate to Congress, in con.