in January suinmer. to be necessary or proper to dispense with the floor. Nay, if one were permitted to speculate been presented to him, the same shall be a law, in other meetings of Congress as they now exist, upon the possibilities of the past, it is not at like manner as if he had signed it, unless the Conalthough perhaps it may be, and I have so all certain but the then Vice President of the gress by their adjournment preventits return, in which caso it shall not be a law." thought and provided in the bill, probably United States, considering the exhibition made expedient to change the time of those present by him upon the 4th of March, would have been Thus the Constitution on its very face recogmeetings. The Constitution requires that Con. so dealt with by Congress, after its assembling, Inizes Sunday as a day not to be counted in the gress shall meet at least once in each year. I that we would not have been troubled with any days for the performance of the secular duties have a provision for two other meetings, but for consideration of the questions now before us. imposed by the Constitution, and this excep tion in the text is doubtless made for the very the sake of expediency and convenience I pro- Passing from the first section, it will be seen pose that the first session, as it yow stands, that the second section is simply a provision reason that the framers of the Constitution were which will then be the second session, instead to prevent constructive mileage. It amends not unmindful of the words of the Congress of of taking place on the first Monday in Decem- the law in regard to mileage, or rather adapts 1776, employed in the Declaration, in which it ber, shall be thrown beyond the holidays, so as this proposed new condition of things to the was declared that “a decent respect' ought to get rid of a period of time in which not much I law as it exists, so that mileage shall not be to be had “for the opinions of mankind." business is ever done. charged for going home and returning on the therefore insist on my amendment. Some gentleinen have suggested to me that 4th of March, in the cases of those who are The question being taken on the amendment instead of throwing the meeting of Congress reëlected to this House, or who being Senators of Mr. Bingham, it was agreed to. into January it would be better to bring for- hold over as members of the succeeding Con Mr. MORRILL. I move to amend by striking ward the meeting of what is ordinarily the long gress, and who, sitting in their places, make out in the seventh and eighth lines of the first session to November, and thus enable Congress no other transit than from one Congress to section the words, “and on the first Monday to transact its business and adjourn before the another. I think nobody will except to that. xt thereafter." These words dog-days of the following suminer. I am will: With these remarks, not supposing that a provide for a meeting of Congress one month ing to submit that question to the Honse, and protracted debate will be necessary, and yet later than the time for the annual assembling therefore I leave it open that an amendment to not desiring to call the previous question, so of Congress, as now fixed. In my judgment, that effect may be offered and the sense of the as to prevent the offering of amendments, I the effect of this would be merely to swap off House taken upon it. will now yield to such amendments as my col a winter month for a month in the dog.days of So far as the third session, now the second, If this is to be the effect, I am opleague [Jir. Bingham] and others may desire or short session, is concerned, I have thought to offer. posed to it. The practice with most of us is to it expedient to bring it forward to the second Mr. BINGHAJ. I move to amend the first break up housekeeping at our, homes for the Monday in November. The fixing it at that section of this bill, by inserting after the words entire winter, and we are quite as ready to come date will avoid any interference with the pres- on the 4th day of March, the day on which here on the first Monday of December as op ent time of holding elections in twelve or the term begins for which the Congress is the first Monday in January, I think, there. fourteen States. I propose to fix the second elected," the following words: fore, that this clause, instead of being an imMonday of November as the day for the com Except when the 4th day of March occurs on Sun provement to the bill, or upon our present pracmencement of that session. Some gentlemen | day, in which case the Congress shall assemble on tice, is an unwelcome feature which should not say that will interfere with the New York elec- the next succeeding day. be adopted by the House. tion. I think not. I think the election in Mr. STEVENS. I would suggest to the gen Mr. DAWES. I desire to suggest to the genthat State is held on the first Tuesday after the tleman from Ohio [Mr. BixgHAM] whether we tleman whether his object will not be best ac. first Monday in November. I have considered ought not to allow this act to conform to the complished by simply striking out January!' that point, and if I am right this bill cannot Constitution of the United States. That Con- and inserting" December.' The Constitution by any possibility interfere with the election. stitution knows nothing of a 4th of March oc- provides that the regular time for the meeting For that reason I took the second Monday in- || curring on a Sunday. This bill is now precisely 1 of Congress shall be the first Monday in De. stead of the first Monday. I think it exceed what the Constitution is. If the Consiitlition had cember, unless some other time be designated ingly probable that either the present or some mide any provision for a 1th of March occurring by law. As this bill fixes the 4th of March as future Congress may change altogether the on a Sunday, it might be well to have this bili the regular time for the meeting of Congress, time for the election of members of Congress amended accordingly; but it does not. there will be no meeting on the first Monday in the different States, so as to have uniformity Mr. BINGHAM. There is nothing in the in December, unless the bill so specify. in all the States by requiring the elections to Constitution which, by implication or other- Mr. MORRILL. I accept the suggestion take place everywhere at the same day; but wise, ever did provide for the meeting of the of the gentleman from Massachusetts, [Mr. that is a matter for future consideration. At Congress of the United States on a Sunday. | Dawes,) and modify my amendment so as situpresent we have no uniformity in the day of The provision of the Constitution in relation to ply to strike out the word “January” and inelection. I have conformed this bill to the the times of meeting of Congress is as follows: sert in lieu thereof the word “ December," rule in the greater number of States, whose "The Congress shall assemble at least once in every Mr. Speaker, the fact that the Christmas elections do not come off until November. year, and such meeting shall be on the first Monday || holidays occur during the first part of the con in December, unless they shall by law appoint a There are, as I said at the outset, some three different day." gressional session, it appears to me is no great or four States which do not elect their mem- The House will take notice that the gentle is occupied more or less by the work of the disadvantage. The early part of every session bers until after the term when the Congress for man from Pennsylvania (Mr. STEVENS] is quite | committees; and whether the House is in seswhich they are elected commences. We should mistaken in supposing that the Constitution reform that by passing a bill of this kind. It sion or not the committees are at work. Cortakes no notice of and ignores Sunday. In the tainly that has been my experience. I think, has always seemed to me that it is a very | provision which I have just read the House anomalous condition of things that members will perceive that provision is made for Con as I have already remarked, that the evident should be elected to a Congress and should effect of fixing the first Monday of January for receive pay for a period antecedent to the time gress to meet on the first Monday in Decem- the meeting of Congress would be to extend This very text of the Constitution, namwhen elected. I hold that under all the cir- | ing a day of the week other than Sunday, our labors still later than at present into the cunstances the election should take place prior | affords an example which I respectfully ask hot season of the year. We should exchange to the time when the term commences. the not undesirable month of December in this House to follow. If the framers had Mr. BINGHAM. I would suggest to my | ignored Sunday as a Christian institution, in Washington for the month of August, the worst colleague, with his permission, that he make of the whole season. Hence I am opposed to stead of providing for the assembling of Conprovision that, when the 4th of March occurs gress on the first Monday of December, they any such proposition and hope it will be reon a Sunday, Congress shall meet upon the would have provided for the first or other day jected, following day. Mr. WASHBURNE, of Illinois. · The of the month, careless whether it should occur Mr. SCHENCK. I would prefer that my amendment of the gentleman from Vermont on Sunday or any other day of the week. colleague should make that motion, and I will And I beg leave, further, to say in this con [Mr. MORRILL) will, as I understand, leave the leave it to the sense of the House. time for the meeting of Congress precisely the nection, that one of the first men of this counI believe I need not add anything in further same as it is at present. try, Chancellor Kent, of New York, was pleased support of the view which I take of the neces Mr. MORRILL. It will as to one session. to remind the people of the United States that sity of some such legislation as this. Every one Mr. FARNSWORTH. I move to amend can see that if Congress had met on the 4th || That Christianity, in other words, was recog. Christianity, was part of the the word “November in the day of March, 1865, in all human probability, | nized in your Constitution and laws.; and I do eighth line, and inserting in lieu thereof the considering the then temper of the President not believe there is any sort of propriety or word “December.'' of the United States, we should have been The SPEAKER. That is not germane to saved from that disagreement between himself | law, or announcing in advance, as has been any kind of necessity for providing in terms by the pending amendment. It can be offered as and Congress which has led to our present said here, that it is our intention that the Con a separate proposition after this is disposed of. difficulties. I venture to give it as my opinion, gress of the United States shall be authorized Mr. STEVENS. If it be in order, I move that if this Congress had been convened on the or required by law to assemble and organize on as an amendment to the amendment of the 4th of March, 1865, every State that had been Sunday. gentleman from Vermont, to strike out after in rebellion, accepting gladly the same terms the word “elected" in the seventh line to the which we offer them now, or terms very much of the House to a further provision of the Con In this connection, I will call the attention end of the section, the following words: more severe than those, would have been substitution, which reads as follows: And on the first Monday in January next thoromissively obedient to the requirements made of after, and on the second Manday in the Novombor "If any bill shall not be roturned by the President next preceding the end of the term for whioh the them, and would now be represented apon this within ton days (Sundays oxcopted) after it shall have Congress is eleoted, a 7 that Congress "shall meet one year on the 4th | We. WASHBURNE, Of Ilinois . Does the The SPEAKER. The motion of the gen. gress as they are now, only providing by law Mr. STEVENS. If I may be indulged, I tleman from Vermont is to strike out and insert. for extra sessions every two years to commence will state that if my amendment to strike out A motion to amend the amendment must be on the 4th of March. I think that will be better. all after the word elected" prevails, I shall confined strictly to the part proposed to be The amendment of the gentleman from Penn. then move to modify the section so that it shall stricken out. 'l'he amendment of the gentle | sylvania (Mr. Stevens] does not accomplish | read thus: man from Pennsylvania [Mr. Stevens) will it for the reason that this section provides the That in addition to the regular time of meeting of have to be reserved. regular time of meeting of the Fortieth Con- Congress as now fixed, there shall be a meeting of the Mr. STEVENS. My object is simply to gress and each successive Congress. If you Fortieth Congress, and of each succeeding Congress thereafter, on the 4th day of March, the day on which provide for a meeting of Congress on the 4th strike out that part you will only provide for the term begins for which the Congress is clected. of March, and to leave everything else as it is one session of Congress. We thus leave the matter as the Constitution at présent. Mr. SHELLABĂRGER. What is the ques fixes it, but we make a new meeting of ConMr. DAWES. The gentleman would have tion before the House? no other time fixed by law for the meeting of The SPEAKER. The pending amendment press on the 4th of March according to this bill . That is what I want to get at. I am opposed Congress? is that of the gentleman from Illinois. to meeting before or after the beginning of Mr. STEVENS. No, sir. I would have the Mr. SHELLABARGER. I rose to move an December. Congress meet on the 4th of March, and leave | amendment in relation to one matter, provid. | bill to another session on the 4th of March. My object is simply to confine the it with them to decide how long they should sit, lling for elections in States which do not hold Mr. MORRILL. Why may we not legislate and to what time they should adjourn. elections before the 4th of March. Several MEMBERS. That is right. Mr. STEVENS. I move to insert after the precisely as we think the exigencies of the country require? In the first place, this bill The SPEAKER. The Chair, if there be no word “thereafter," in the sixth line, in provides for the assembling of the next Conobjection, will regard the motion of the gentle addition to the present day of meeting,'so that man from Pennsylvania [Mr. STEVENS) as com- the 4th of March will be fixed as a new day in gress, and of all succeeding Congresses, on the 4th day of March. I believe we all agree to ing prior to the motion of the gentleman from | addition to the present day. that. Then the next meeting of Congress, Vermont, which will be considered as an amend- The SPEAKER. That will be reserved unless there shall be circumstances requiring ment designed to perfect the text before action | until the other motions are voted on. on the motion to strike out the whole clause. Mr. GARFIELD. I offer an amendment | December, as now. a different time, will be on the first Monday of I think about that we are Mr. STEVENS. The Constitution now fixes further to perfect, and it is to strike out in line the first Monday of December for a meeting of all substantially agreed. But it is known that seven from the word “elected" to and includ. the last session of Congress, as we have expe. Congress, and we need not make any provision | ing the word "thereafter”' in the eighth line, rienced in years past, is altogether too brief on that subject. and on the first Monday in January next for the amount of labor which we are to perMr. SCHENCK. With the leave of the gen thereafter," the same proposition offered by form. Therefore the bill which provides for tleman from Pennsylvania, [Mr. STEVENS,] I the gentleman from Vermont, a few moments an earlier meeting by about a month appears wish to call his attention to a possible difficulty | ago, and it seems to me the section can stand to be wise. that may arise under his proposition. He pro precisely as printed, if these words be stricken Now, if the amendment which I have proposes to strike out any provision for a second out, and achieve the object we desire. session, and depend upon cach Congress to The SPEAKER. The amendment is not | posed shall be adopted, we shall have one meet ing of Congress on the 4th of March, which fix a time for an adjourned meeting. Now, in order except by unanimous consent, as the will be undoubtedly a brief one-will last for a Congress may take a "recess," though there power of amendment has been exhausted. is a little doubt what that may be; but there week or ten days, or possibly longer-and then No objection was made, and the amendment the next will occur, as now, on the first Moncannot be a regular meeting of Congress except was received. on the first Monday of December, unless some Mr. GARFIELD. I wish simply to say, if day of December, and the last session will occur a month earlier than December. It other time be fixed by law. It is a question | my amendment prevail and the text be allowed seems to me that is exactly what we are all between an adjourned meeting and a recess, if to stand as it is now printed, two things will after. I trust we shall incorporate it into a any one can draw the precise distinction. , we law law so that it will be seen and read of all But the precedents are these, as I find on consulting the record : that the First Congress, of March and the next year on the second | gentleman propose that the second session shall sitting solely so as to make it expedient not to | Monday of November. That will cover the commence in November? meet on the first Monday of December, passed beginning of each Congress and satisfy the Mr. MORRILL. Yes, sir, the last session. a short enactment going through all the forms condition of the Constitution that Congress Mr. WASHBURNE, of Ilinois. That may of a regular act of Congress, and approved by shall meet at least once in each year. It will be very convenient for the gentleman from Verthe President, changing the time by putting it make the first meeting, on the 4th day of March, mont and those who have their elections in Oe. January instead of December. And there are to be continued as long or as short a time as tober, but it is not so convenient for those who four or five other cases in which the early Con- the Congress may itself determine, with the have their elections in November. gresses, beginning with the practice established || power to adjourn to meet in the following Mr. MORRILL. I believe that the time by the first, seem to have interpreted the Con- || November, or to meet in December or in Jan fixed by the bill is six days after all the elecstitution by passing enactments and not reso- uary of the following year, if it pleases. But | tions take place. It is the second Monday in lutions for this purpose, so as to claim that their there must be a meeting, according to this November. For one, I should prefer to have power to make an adjourned meeting-to make || bill, in the second year on the second Monday || them both in December, if there is any differa meeting of Congress other than that provided of November. in the Constitution-must be done, as the Con- Now, I do not think we ought to determine ence of opinion, but the amendment which I propose simply changes the bill as to the secstitution itself requires, by law. here that there shall be three sessions of each ond session. If the gentleman from Illinois The language of the Constitution, I pre- Congress--two the first year and one the sec or others prefer to have the third or last session oume, every one is familiar with. Congress ond; but let us declare by law that there shall shall assemble at least once in every year, and of Congress as now, they can move that amend. be one meeting in each year, namely, the first, ment afterward. such meeting shall be on the first Monday in beginning on the 4th of March, and the second December, unless they shall by law appoint a Mr. WASHBURNE, of Illinois. I hope that beginning, as provided here, in November, so will be done, and I now demand the previous different day. I propose to get rid of all ques- that the last session of Congress shall be a tions hereafter as to whether it is a recess or four months' instead of a three months' ses question on the pending amendments. The previous question was seconded and the an adjournment, whether it is a regular meet- sion. The first session may be as short or as main question ordered. ing, a meeting in continuation of the same ses- long as the Congress may determine. I there- Mr. Morrill's amendment was agreed to. sion, or whether it is one of the regular meet- fore propose, in order to effect what I have ings of Congress under the Constitution, by tix- just stated, to strike out all after the word The question recurring on Mr. FARNSWORTH'S ing it by law. Congress which meets on the * elected” in line seven to and including the amendment, and being put, there were-ayes 4th of March, or either of these other times, word “thereafter” in line eight, so that it will ninety-two, noes not counted. may take a recess, and that is the only way read : So the amendment was agreed to. they can accomplish a meeting between any That the regular times of meeting of the Fortieth The question was then taken on Mr. GARtwo regular sessions unless by law, by enact- Congress of the United States, and of each succeeding FIELD's amendment, and it was disagreed to. ment under all the forms of a statute. Congress thereafter, shall be at twelve o'clock me The question recurred upon Mr. Števexs's I suggest that as a difficulty you escape in ridian on the 4th day of March, the day on which the term begins for which the Congress is elected, and on motion. drawing the bill as mine has been drawn. I the second Monday in the November next preceding Mr. STEVENS. With a view of reaching repeat that in four or five cases where the first the end of the term for which the Congress is elected. what seems to be the opinion of the House, I and two or three successive Congresses acted Mr. PRICE. I wish to make a motion to propose to modify the amendment so as to on this subject, and changed the time fixed in the || perfect the text. strike out the whole section and insert a new Constitution, they did it by enactment under The SPEAKER. It will require unanimous section, which has been drawn with some care. all the forms of law. consent. It is this: Mr. FARNSWORTH. I move to strike out Mr. SCOFIELD. I hope there will be no That in addition to the present regular time for the "the second Monday in November” and in- more amendments offered until we dispose of meeting of Congress, there shall be a meeting of the Fortieth Congress of the United States, and of each sert the first Monday in December.” If my | the present ones, succeeding Congress thereafter, on the 4th day of amendment and the amendment of the gentle- The SPEAKER. The first proposition is to March, the day on which the term begins for which men from Vermont (Mr. Morrill) be adopted strike out "the first Monday in January," and the Congress is elected, excopt that when the 4th of March comes upon a Sunday the said meeting shall it will leave the subsequent sessions of Con- insert the first Monday in December. be upon tho next succeeding day. 66 took up. Them up it is time that wherever he ran up that all; but that each epok the other in and a BIr. LE BLOND. I ask the unanimous him, for we never took him up. There was no his colleagues around him, and the President. consent of the House to make a statenent on occasion for us to drop that which we never I do not believe they took him up or he took this subject. We neither took him up, he I do not believe it was a take us un. Mr. LE BLOND. I do not intend to make into our line of policy we were bound to sus- not up. Then finding that it was a mutual an argument upon this subject. I wish, how- tain him, as we sustain every man who is right. I delusion, they are now ready to separate and ever, to make some inquiries. We upon this But ire have never blindly followed the lead of dissolve the partnership: side of the House are somewhat at a loss to the President or any other man. The Demo- There is no object, Ir. Speaker, in all this know the particular object of this bill. We cratic party has never recognized but one leader, legislation except what appears upon its face; have an idea, however, that the President and that is the Constitution, and laws passed in there is no “cat under the meal." We propose stands in the way of some gentlemen here. pursuance thereof. In this particular we Congress shall continue as one of the coördiWe are not fully advised, and I do not suppose widely differ from the gentlemen upon that side nate branches of this Government, under such that gentlemen opposite intend to advise us of the Hall. Their leader by the natural law circumstances that there shall be no danger fally as to the object they have in making this must die, and that soon, while ours may live in any shape to the country by reason of an change. till the end of time if not strangled by its ille. interregnum which shall leave suspended the Mr. SCHENCK. May I reply to my col- || gal guardians who are now trying by this and functions of the legislative department during league? other bills to paralyze one of its most impor- one third or any other portion of a congresMr. LE BLOND. Not at present. tant limbs. But, sir, we have never undertaken sional term. This is the whole of it. If, in Mr. SCHENCK, I understand my colleague to sustain indiscriminately that which the Radi- addition to this legislation, we choose to proto ask a question, and I wish to answer it. cals have put in place or power; to do so would ceed to other measures, to which the gentle Mr. LE BLOND. I will answer it myself; || destroy any party in the world. (Laughter.] man has alluded, but which are not in question I will play the Yankee. Mr. SCIENCK. I ask the unanimous con- now-if we take means to hedge round the Mr. SCHENCK. All I wished to say was sent of the House to answer the inquiry put by President, and prevent some of that mischief that we have not found that either the Presi- the gentleman upon the other side, [Mr. Le in which he is now engaged--we shall perform dent or his supporters have stood in our way Bioxd.] a very laudable work; a work which I trust will · at all. (Laughter.] No objection was made. go on until we have done all in that direction Mr. LE BLOND. And my colleagne might Mr. SCIENCK. The principal difficulty that may be possible or desirable. add with equal truth the Constitution. The under which the leader of the opposite side- The question being taken on the amendment conclusion that we upon this side have come Mr. LE BLOND. Not at all; we have no of Mr. STEVENS, it was agreed to. to in regard to this matter is, that the whole leader. Mr. SHELLABARGER. I move to amend object of this bill is to strip the Executive of Mr. SCIENCK. The principal difficulty any appointing power. They seem to have a under which he labors in regard to our purpose by inserting the following as a new section, to come in after section one: controversy upon the other side of the House appears to be that we have not done something as to the best mode of accomplishing that ob- in such manner as to make it plain to the peo And be it further enacted, That in each State which is represented in Congress at the time of the taking ject. The vill as originally introduced provides | ple. Now, sir, my observation teaches me to effect of this act, and which shall not, prior to tho for three sessions of Congress. It is now pro- believe that the people do not need any par 4th of March, A. D. 1867, have clected Representaposed to strike that out and let the session com- ticular explanation ; but they have recently tives from such State to the Fortieth Congress, nor have by law provided for such election prior to that mence upon the 4th of March and continue proved to the world that they fully understand day, the Governor of such state shall, by proclamauntil the next session commences. the questions submitted to them by Congress. tion made at least two weeks before the 22d of FebWell, sir, so far as these two propositions | And I do not kno:v that we can make this thing ruary, A. D. 1867, order an election of such Repre scntatives for sach State to be held on said last-named are concerned, I feel no particular interest in any plainer than they seem to have considered day, such elections to be conducted in all respects either of them, because the result of the adop: | those other matters which they have passed according to the laws of said States regulating such tion of either of them will be the same; but I elections. upon. judge that the country does feel an interest in I congratulate my colleague, [Mr. Le Bloyd,] I desire to make a suggestion or two in regard this matter, and they are not willing that this however, upon the fact that he will escape from to this amendment, which has been shown, I Congress shell make any change in the present all the difficulties in relation to this question believe, to the members of all or most of the law so as to keep a perpetual session of Con- under which those who come back to any suc- States interested in it, and is substantially satgress. It is unnecessary and uncalled for, and ceeding Congress will labor; and he will also isfactory to them. It provides for elections to the expense that will attend it no man can cal- be relieved at the same time from all respon- be held on the 22d of i'ebruary in each of the colate. The people at the proper time will feel | sibility of presiding over that portion of the States which shall not have elected prior to the these things, and I judge will act upon the mat- deliberations in this Hall which goes on on that 4th of March next, or which shall not by their ter in such a way as will not be very satisfac- side of the Chamber. own laws have made provision for such electory to those who favor this system of legisla- But he has another apprehension; that we tion prior to that time. tion. And now all I desire is that gentlemen | find the President or something else an obstruc- Mr. DAWES. Will the gentleman permit opposite will simply come out and make the tion in the way of our legislation here, and are me to make a suggestion? It occurs to me thing plain, so that the people may understand cndeavoring to overcome or get around that that it may be beyond our power to command it, and instead of legislating in the manner they | obstacle. I say to my colleague, as I attempted the Governor of a State to issue a proclamation do, say at once that we will have no Executive, to say a few minutes since when I interrupted as proposed in the amendment. but that we have merely a tenant at your will him, that he is entirely mistaken upon that Nr. SHELLABARGER. That may be true in the White House and with no appointing | point. We bave not, according to our recent in the sense intended by the gentleman. But power, but that the Senate of the United States, l experiences, found either the President, or I presume it is competent for Congress, using 80 long as it shall remain radical, shall have those who support him, at all in the way of a the official appellation of the individual as a the appointing power. determination of the decisions of the Congress mere descriptio persone, to designate a GovThis is not the only bill looking to that end. of the United States. ernor or other person as its minister or agent to There is already a proposition pending here, Now, what is the gentleman's objection? It make a proclamation. The Constitution, after whereby the appointing power is proposed to is that we create a session of Congress which providing that the Legislatures of the severai be taken from the Executive and given to the will continue until the subsequent session of States may, in the absence of congressional Chief Justice of the United States. Now, I Congress begins., Sir, there is no such pro- enactment, regulate the “ times, places, aud think it would be well enough, and I make the vision in this bill. The gentleman certainly manner of holding elections for Senators and suggestion here, for the Secretary of the Inte- has not read it aright, nor does he comprehend Representatives," provides “ that Congress rior to appoint the Chief Justice of the United the amendment which is proposed to it. It may at any time by law make or alter such reg. States instead of the Chief Justice appointing | simply provides that in addition to the sessions ulations, except as to the places of choosing eertain officers in that Department of the Gov- of Congress prescribed by the Constitution, Senators." My amendment simply proposes ernment. there shall be another session to begin on the that Congress shall exert this power conferred Sir, I can see nothing but mischief to result 4th of March, the day on which the term of upon it by the Constitution; and for the purposes from this system of legislation. If gentlemen the Congress itself begins. As to the length of this exigency alone, confining the provision are going to legislate in this way, I would much of time that session shall last, both the bill to that, it provides a method by which elections rather they should at once bring forward a bill and the amendment are equally silent. I sup. may be held in each of the States whose laws to strike off the head of the Executive, for pose the session will continue until Congress do not provide for an election before the 4th then the country would understand it. We shall choose to adjourn. That is the most of March. I trust that the amendment will be upon this side of the Chamber have no interest satisfactory to the Honse. in this contest, not the least, beyond sustain- hardly suppose the gentleman wishes us to Mr. DAWES. Will the gentleman yield to icg the Constitution and free Government. attempt any legislation which will prevent Con- me a moment? The President is not the man of our choice; gress from adjonrning just when it pleases, Mr. SHELLABARGER. Certainly. we did not put lin where he is. We claim no either at the end of the first, second, or third Mr. DAWES. I do not rise to oppose this benefits from him ; certainly we received none session of that body. amendment. I think it, or something equivafroma bin in the late campaign. [Laughter.] Now, the gentleman need not be at all afraid lent to it, is necessary. I have prepared a bill, V.. ASHLEY, of Ohio. That is rather | that this is done for the purpose of " taking which is now before the Comiittee of Elec. up” the President, as he expresses it, or ** tak- tions, to fixa enitom time throughout the Nr. SPALDING. You have dropped him. | ing up” anybody else; or that we are going to United States for the election of Representatives Me. LE BLOND. We have never dropped || inierfere with any relations between him and il in Congress. I suggest that the gentleman's 39TU CONG, 2D SEX3.-- No. 3. 1 a amendment might be improred by omitting all attempt to accomplish what would be impossi- || of Elections, [Mr. Dawes,] suggests that we that machinery in reference to proclamations, ble, a physical impossibility. leave it for the purpose of being adjusted in a and simply providing that in the States indi- Mr. SIELLABARGER obtained the floor. bill that that committee has under consideracated in the amendment the 22d day of Feb- Mr. DAWES. I ask the gentleman to yield | tion. Now, I agree with that gentlemen enruary or some other day shall be fixed for to me for a moment. tirely, provided we are sure that that bill will electing members to the Fortieth Congress, in Mr. SHELLABARGER. Certainly. pass. I have preferred that method, and preconformity to the laws of those States. The Mr. DAWES. I wish to suggest a modifi- fer it still. I have favored the bill he proposes, purpose of the gentleman's amendment ought cation. I still think it were better if the gen-:ll and still favor it. But that may not become a to be carried out; and perhaps its form is better tleman from Ohio would postpone this pro- | law, and hence I want this amendment to go than any I could suggest; but my proposition Fision until the consideration of the bill pend- on the statute-book along with this law, so is designed to obviate a possible dilliculty, ing in the Committee of Elections. If this that it shall not be said that Congress did not where a Governor might neglect or refuse to bill now before the lIouse become a law with- || provide that six States should be represented issue a proclamation. out that provision, some section in the other | here at the first session of the next Congress. Mr. HIGBY. If the gentleman from Massa- bill might meet this exigency if carefully pre- Now, after what I have said, if the members chusetts (Mr. DAWES] has concluded, I ask the pared. I have therefore stricken out and from the States that are interested prefer to run gentleman from Ohio [Mr. SUELLABARGER] to inserted, at his suggestion, so that it will read the risk of taking my colleague's bill without yield to me for a few moments. as follows: having this provision put in the law, I will Mr. SHELLABARGER. I do so with And be it further enacted, That in each Stato which withdraw my amendment. But I thought it pleasure. is represented in Congress at the time of the taking was agreeable to the members from the States Mr. HIGBY. I conceive, Mr. Speaker, that effect of this act, and which shall not, prior to the lih for whose benefit it was offered. of March, A. D. 1867, have elected Representatives the amendment proposed by the gentleman from froin such State to the Fortieth Congress, nor have pro- I now yield to the gentleman from TenOhio would operate most disastrously with ref- vided for such elcction prior to that day, the second nessee, [Mr. MAYSARD.] erence to the State of California, on account of Tuesday of February next shall be the time fixed for Mr. NAYNARD. I hope the gentleman the holding of such election in such State or States, the season of the year fixed for the election and such clection to be conducted in all respects according from Ohio will not withdraw his amendment. the peculiar condition of our country at that to the laws of said States regulating said elections. The bill that is now before the House, if maseason. My present judgment is that our State I think that will accomplish just what the tured into a law, puts to great inconvenience had better be left without any representation gentleman from Ohio [Mr. SHELLABARGER] is all those States that have not held congressional in Congress at the session beginning on the 4th after. Still, I suggest whether, after all, it | elections, by precipitating upon them an elecof March, rather than that we should be re- would not be better to leave this matter without tion at an unusual and unexpected time. That quired to hold an election at a season so unsa- action. It is very apparent that this will create inconvenience should, therefore, be made as vorable for the purpose. There is a very large a sudden emergency in all the States to which little as possible. In order to do that it is importion of the population of our State living in it applies. It is all to transpire between now portant that this bill be matured into a law at remote districts, who are almost buried under and the 4th of March, less than three months; the earliest practicable moment, and that in it the snow during the months of December, Jan- and to precipitate upon States that have made there shall be a provision for holding elections uary, February, and March--so much so that no preparation and no calculation for an elec- in those States which have not already chosen in the towns in the mountains they have to tion, especially the State of California, the members of Congress. Hence the importance burrow under the snow to cut a way from street necessity of holding an election, it seems to of this amendment being attached to the bill is to street. me, would be unfortunate. that as soon as this is published to the country, I am, sir, stating what is the fact. The snow Mír. SIIELLABARGER. Mr. Speaker, it as a part of the law of the land, the country will is twelve, fifteen, and twenty feetdeep; and when is perfectly obvious from the temper of the know at the same time when elections must be weget below the snow belt, that is, in the mount- House and the indications we have had, that held in the several States for members of the ain regions, we have winters when it is almost a bill is to pass this body which is to provide for next Congress, and take measures accordingly. impossible for a month or six weeks for the peo- the meeting of the first session of the Fortieth I am aware that it will be a matter of inconple to get from town to town. It is, therefore, Congress on the 4th day of March. That fact venience to many gentlemen here who might going to depend altogether upon the character being known, we may as well considerathe pro- desire to attend the elections, and who might of the season whether we can get our popula- priety of this amendment from that stand-point. Il probably be desired by their constituents to tion to the polls or not. It will be impossible, This question, then, of the inconvenience of become candidates for reëlection. That, of if we have a winter such as we had in 1861 and holding these elections so soon as February, course, every one perceives, but that is an in1862, for one quarter of the voters to get to the comes to just this: the choice between being rep- convenience which we must submit to. If this vicinity of the polls to vote. There were days | resented in the Fortieth Congress or holding an bill passes there will be the still greater inconand weeks when we had no intercourse between election between now and the 4th of March. venience on the part of the Representatives of our towns during that winter. It was the same The gentlemen from California, therefore, will some of the States of not being present at the in 1802 and 1803. It is not so every winter. I see that their State will either not be repre- commencement of the next Congress to take part am providing against this wet season which we sented in the first session of Congress, or else in its organization and to find appropriate places have from time to time. It is my judgment that they inust hold their election before the 4th of on its committees, to say nothing of the drawthe bill should contain an alternative providing | March next. Now, in the amendment which I ing of seats. I happen to have felt this inconthat the election can be held. have proposed I have postponed that election | venience in the Thirty-Seventh Congress, which Mr. BIDWELL. Mr. Speaker, I agree en- until within a week of the 4th of March, cer- was called in extraordinary session, and I have tirely with what my colleague has said ; but I || tainly not allowing more time than will be ab- no desire that any successor of mine shall be will add there are other objections which may solutely requisite to get the necessary returns. subjected to the same inconvenience. be urged to having the provisions of this bill Now, Mr. Speaker, I do not deem it meet I trust, therefore, that this bill will pass at applied to California. It is not so easy to or comely for this Congress to provide for the as early a moment as practicable, and that this hold elections in our State, with its immense holding of a session of the Fortieth Congress || provision, or something tantamount to it, will territory and a sparse population in many without at the same time making provision by be a part of the bill, so that when the bill goes portions of it. It costs something to hold an which all the States might at least be repre, before the country it will fix the time when election in the State of California, and then, sented in Congress which are now recognized | elections are to be held for the next Congress. in order to have a fair election, it is necessary as entitled to representation. Let Congress Mr. SHELLABARGER. I yield now to that the same expensive machinery shall be at least do its duty in the way of providing a the gentleman from Connecticut, [Mr. Brinput into operation to hold a congressional method by which the States may be repre- DEGEE.] election as to hold an entire State election. sented. If the State of California or any other Mr. SCHENCK. Will the gentleman from The State of California postpones the election State, either on account of its snows or other Connecticut allow me to suggest a mode of . of Congressmen until the general State elec- circumstances, may not choose to avail itself compromising this whole difliculty? tion in next September. Then we elect all of the methods provided by the act of Con Mr. BRANDEGEE. Let me first suggest our State officers, from Governor to members gress, that will be a matter which will concern an objection to the bill, and then I will yield. of the Legislature, and members of Congress. the State itself. But I entreat this Congress, Mr. Speaker, I am in favor of the object We can bold an election then that will call | sitting as we now do, unfortunately and sadly I sought to be attained by the gentleman from forth the sentiment and be a fair election in deprived by the rebellion of some States of || Ohio, [Mr. SHELLABARGER,) and I understand the State of California; but if we attempt to their wonted presence here, let us not pass a that my delegation are in favor of that object. hold a special election in the month of Fch- law providing for a meeting of the next Con- We think it a meritorious bill, and that the ruary, when it is almost impossible to travel, gress without providing a method by which the object is one necessary to be provided for; but sometimes entirely so, from one portion of our six States that have yet to hold their elections | I am fearful that some complication, especially State to another, at a time when great frauds may be represented here, when the fact is that for Connecticut, will arise out of the operation may be committed in elections, it would hardly we can do so. The Constitution provides that of the gentleman's amendment, if it becomes a be an indication of the sentiment of our State. another time for the meeting of Congress may | law, that he has not contemplated, and it is one I hope, therefore, this bill will be postponed be fixed by law. We are now passing a bill that it seems to me it is impossible to get rid so we can have further time to perfect it, so containing such a provision. Therefore let us of by any amendment proposed in so hasty it as not to make it necessary that an election | make it possible that each State may be represhould be held in the month of February, and sented here. The question of convenience or This bill, which seems likely to pass this Conto see whether we cannot make an exception inconvenience is one that does not seriously | gress, or at any rate this House, provides that in the case of the State of California, at least i affect the propriety of passing this amendment. the next Congress shall meet upon the sth of not to make it mandatory or binding on us to My friend, the chairman of the Committee || Mareh next. Ifit it does pass, Cougress will then manner. a meet with four States, and perhaps five States, Mr. BIDWELL. I agree entirely in the ob PETITIONS AND MEMORIALS. unrepresented here that are now represented, ject sought to be accomplished by the gentle- Mr. WADE. . I present the memorial of D. and one of those States is Connecticut. I am, man from Ohio, [Mr. SHELLABARGER.) But and the Connecticut delegation are, clearly of A. Moffit, and many other citizens of Colorado, I can perceive this difficulty, that it will be praying for the admission of Colorado as a the opinion that the House ought to provide impossible to hold upon the day he has named State. It sets forth a great many statistical that when Congress assembles, in some way a fair election in the State which I have the facts that are officially certified. As the meConnecticut should be represented by an elec- honor in part to represent. A large propor- morial is short and contains authentic information held prior to that time. tion of the population of the State of California tion with regard to the number of inhabitants, But the amendment of the gentleman from is composed of miners, who are during the the condition of the Territory, &c., I move that Ohio, as I understand it from the mere readsummer, months in the mountains, but who it be printed, and referred to the Committee on ing at the Clerk's desk, provides that the elec- during the winter months are obliged to retire Territories. tion of Representatives from Connecticut shall to the valleys. It would, therefore, be impos- The motion was agreed to. be held on the 22d day of February, under the sible to hold a fair election in the winter sealaws of the State, and that unless the Legisla- son, especially should the winter be inclement, Mr. POMEROY presented the memorial of ture shall provide for an election on that day, as it often is in the mountainous regions of our L. Pomeroy & Son, remonstrating against an the Governor by proclamation shall so provide. State. extension of the letters-patent of Stephen R. Our election is held now on the first Monday in And further, if the amendment as proposed, Parkhurst, dated May 1, 1845; which was April, and this amendment provides that it and which is mandatory, should be adopted, referred to the Committee on Patents and the shall be held on the 22d of February. The and the States are obliged to hold their elec Batent Office. registration law of our State, a most salutary |tions on the day thercin specified or not at all, Mr. HENDRICKS presented the petition of and wholesome law, which has commended then the State of California would not be rep Patrick Meehan, of Decatur, Indiana, praying itself in its results to the people of the State, || resented at all in the Fortieth Congress. Our to be allowed a pension; which was referred provides by its machinery that no man in the to the Committee on Pensions. Mr. WILSON presented two petitions of upon certain days, and one of those days is the we fail to elect in February, then we cannot be officers in the United States Army, praying Wednesday prior to the first Monday in April, represented at all in the next Congress. There for an increase of pay; which were referred to and hence if this bill passes and you provide fore I hope that the gentleman who is matur the Committee on Military Affairs and the that the election shall take place in Connecti- | ing an amendment to cover all these objections Militia. cut on the 22d of February, under the laws of will take into consideration this fact, and pro He also presented the petition of Thomas the State no human being can vote at that vide that if the States fail to hold an election Rice and many other persons who served in election. on the day named, they shall be permitted to the United States Navy during the late rebel. Mr. THAYER. Why not alter the law of elect at the times fixed by the statutes of their lion, praying to be allowed a bounty; which the State? respective States. was referred to the Committee on Military Mr. BRANDEGEE. That would require Affairs and the Militia. Mr. SHIELLABARGER. I now yield a the Governor to call the Legislature together, || short time to the gentleman from California, Mr. FESSENDEN presented the petition of because the Legislature does not meet until the || [Mr. Higby.] John C. Evans, praying compensation for serfirst Monday in April. If the Legislature were vices rendered as assistant assessor of the first Mr. HIGBY. Without repeating any of the to meet before that time, there would be no arguments I used when I addressed the House district, first division, in South Carolina; which nécessity for this legislation by Congress. That before, I think I can show the utter impracti was referred to the Committee on Financé. is the difficulty in the case of Connecticut, and cability of the proposition of the gentleman He also presented the petition of Samuel there may be other States similarly situated. from Ohio, [Mr. SHELLABARGER.] W. Maurice, praying compensation for services While we are heart and hand with him, and Mr. ROLLINS. Will the gentleman from rendered as assistant assessor of internal rev. thank the gentleman for bringing the subject to California [Mr. Higby] yield to me to make a enue for the first district of South Carolina ; the attention of Congress and the country, yet proposition? which was referred to the Committee on it will produce a confusion there which will Finance. Mr. HIGBY. I will with the consent of the result either in no election at all, or in so many gentleman from Ohio, [Mr. SHELLABARGER,] He also presented the petition of a large systems of voting that the Committee of Elec number of clerks in the Second Auditor's offico by whose courtesy I now hold the tloor. tions of the next Congress will have nothing to Mr. SHELLABARGER. I have no objec of the Treasury Department, and also the peo do but to determine contested-election cases tition of a large number of clerks in the Sixth tion. from the State of Connecticut. Auditor's office of the Treasury Department, Mr. ROLLINS. I would suggest that the praying, in aid of the recommendation of the Secretary of the Treasury, that there be a reot' the elections in the different States, covup again for consideration when we meet on organization of the Treasury Department, and Monday next. In the mean time the gentleering the whole country, is not one to be for increased pay to the clerks in the Departmen representing the several States interested brought forward here upon a penciled amend ment; which were referred to the Committee on Finance. Mr. MORGAN presented resolutions and other proceedings of the Chamber of Compreter that the mischief should be remedied merce of the State of New York, adopted on upon this will, rather than trust to the uncer now adjourn. the 6th instant, being a practical protest against tain chances of another bill which has not been (at five minutes before three o'clock p. m.,) || telegraphic dominion of Great Britain over the the assumption of the Earl of Derby of the as yet even reported, and which, if reported, the House adjourned until Monday next. may not pass here, or if passed here may not sea, and petitioning for immediate soundings pass elsewhere, or which if passed elsewhere by our Navy of other lines in the Atlantic bed may meet a veto. I prefer that it should be PETITIONS, ETC. between our coast and the western coast of considered in connection with this bill; but as The following petitions, &c., were presented under France and southern Europe, which were it is a subject of great importance, one that tho rule and referred to the appropriate committees: referred to the Committee on Foreign Relashould be carefully considered, I suggest that By Mr. BENJAMIN: The potition of William tions, Crooks, of Clark county, Missouri, a soldier in the He also presented the memorial of the allow a provision to be properly prepared. By Mr. COBB: The memorial of Thomas Garvey, Chamber of Commerce of the State of New Bir. SHIELLABARGER. I wish to make this a wounded soldier of the serenth Veteran regiment, York, in relation to the records and other Wisconsin volunteer infantry, for redress of grierstatement in reply to the very pertinent sug papers in the office of the clerk of the United gestions of my friend from Connecticut, [Mr. By Mr. ECKLEY: The petition of John Ilarris, States court for the southern district of MisBRANDEGEE.] I admit the practical difficul- and 170 others, citizens of Salem, Columbiana county, sissippi which have been lost or destroyed by Ohio, in favor of impartial suffrage. ties to which he has alluded. And an amend By Mr. LAFLIN: The petition of L. L. Merry, of fire; which was referred to the Committee on ment is now being prepared which, I trust, will Ilion, New York, for relief from payment for stumps the Judiciary. meet those dilliculties. That amendment, in burglariously taken. He also presented fourteen memorials of By Mr. VÁN HORN, of New York: The petition substance, will provide that the elections shall citizens of the United States, remonstrating of 118 citizens of Monroe county, New York, asking be held on the day named, and that the laws tho passago of a law granting pensions to tho survi- | against an increase of the tariff on foreign line of the State shall be pursued in so far as in vors of tho war of 1812. seed; which were referred to the Committee their nature they are capable of being pursued; on Finance. or something of that general idea substituted IN SENATE. Mr. MORGAN. I also present a communifor the amendment now pending. cation from Hon. Thomas Hillhouse, comp MONDAY, December 10, 1866. troller of the State of New York, reviewing my colleague, ( Mr. Schenck,] that the proper Prayer by Rev. J. W. PARKER, D. D., of with much care the effects of our present sysway now would be to postpone this bill for a Boston. tem of taxes and containing an argument in short time, and he can consider the suggestions The Journal of Thursday last was read and favor of providing for the payment of the war made by gentlemen from States interested, and approved. debt created by the several Siates, or giving to poprepare a bill which shall be as near perfect in Hon. William Sprague, of Rhode Island, the States some particular source of revenue every respect as possible. I now yield to the and Hon. B. Gratz BROWN, of Missouri, ap- now under the control of the General Govern. gentleman from California, (Mr. BIDWELL..] peared in their scats, ment to be appropriated and used by the States ances. |