244 



CONGRESS, UNITED . STATES. 



facts and statistics as shall show the condition 

 and progress of education in the several States 

 and Territories, and of diffusing such informa- 

 tion respecting the organization and manage- 

 ment of schools and school systems, and meth- 

 od* of teaching, as shall aid the people of the 

 United States in the establishment and main- 

 tenance of efficient school systems, and other- 

 wise promote the cause of education throughout 

 the country. An act to establish a uniform 

 system of bankruptcy throughout the United 

 States. An act to abolish and forever prohibit 

 the system of peonage in the Territory of New 

 Mexico and other parts of the United States. 

 The acts relating to the finances of the Govern- 

 ment and to the Army and Navy are stated un- 

 der those titles respectively. 



In. the last moments of the session, the Presi- 

 dent signed and returned under protest the act 

 making appropriations for the support of the 

 Army for the ensuing year. The objectionable 

 provisions, the President said, "were contained 

 in the second section, which in certain cases 

 virtually deprives the President of his constitu- 

 tional functions as Commander-in-chief of the 

 Army ; and in the sixth section, which denies 

 to ten States of this Union their constitutional 

 right to protect themselves in any emergency 

 by means of their own militia." 



These sections were as follows : 



SEC. 2. And be it further enacted, That the head- 

 quarters of the General of the Army of the United 

 States shall be at the city of Washington, and all 

 orders and instructions relating to military opera- 

 tions, issued by the President or Secretary of War, 

 shall be issued through the General of the Army, and 

 in case of his inability, through the next in rank. 

 The General of the Army shall' not be removed, sus- 

 pended, or relieved from command, or assigned to 

 duty elsewhere than at said headquarters, except at 

 his own request, without the previous approval of 

 the Senate; and any orders or instructions relating 

 to military operations, issued contrary to the require- 

 ments of this section, shall be null and void ; and 

 any officer who shall issue orders or instructions 

 contrary to the provisions of this section shall be 

 deemed guilty of a piisdemeanor in office ; and any 

 officer ot the Army who shall transmit, convey, or 

 obey any orders or instructions so issued, contrary 

 to the provisions of this section, knowing that such 

 orders were so issued, shall be liable to imprisonment 

 for not less than two nor more than twenty years, 

 upon conviction thereof in any court of competent 

 jurisdiction. 



SEC. 6. And be it further enacted, That all militia 

 forces now organized or in service in either of the 

 States of Virginia, North Carolina, South Carolina, 

 Georgia, Florida, Alabama, Louisiana, Mississippi, 

 and Texas, be forthwith disbanded, and that the fur- 

 ther organization, arming, or calling into service of 

 the said militia forces, or any part thereof, is hereby 

 prohibited under any circumstances whatever, until 

 the'same shall be authorized by Congress. 



After a brief debate, an act was passed, en- 

 titled "An act to fix the time for the regular 

 meetings of Congress." It is as follows : 



That in addition to the present regular times of 

 meeting of Congress, there shall be a meeting of the 

 Fortieth Congress of the United States, and of each 

 succeeding Congress thereafter, at twelve o'clock 

 meridian, on the fourth % day of March, the day on 

 which the term begins for which the Congress is 



elected, except that, when the fourth of March occurs 

 on Sunday, then the meeting shall take place at the 

 same hour on the next succeeding day. 



SEC. 2. And be it further enacted, That no person 

 who' was a member of the previous Congress shall 

 receive any compensation as mileage for going to or 

 returning from the additional session provided for 

 by the foregoing section. 



Approved, January 22, 1867. 



Another act was also passed, " to regulate 

 the duties of the Clerk of the House of Repre- 

 sentatives, in preparing for the organization of 

 the House, and for other purposes." The first 

 section was as follows : 



That before the first meeting of the next Congress, 

 and of every subsequent Congress, the Clerk of the 

 next preceding House of Representatives shall make 

 a roll of the Representatives elect, and place thereon 

 the names of all persons claiming seats as Represent- 

 atives elect from States which were represented in 

 the next preceding Congress, and of such persons 

 only, and whose credentials show that they were 

 regularly elected in accordance with the laws of their 

 States respectively, or the laws of the United States. 



FIRST SESSION OF FORTIETH CONGRESS. 



On March 4th, at 12 M., the first session of 

 the Fortieth Congress convened, under the pro- 

 visions of -an act passed at the previous session. 

 All the Senators were present, except Mr. 

 Guthrie, of Kentucky, and Mr. Howard, of 

 Michigan. The Senate was called to order by 

 the President pro tempore, Benjamin F. Wade, 

 of Ohio, elected at the close of the previous 

 session. 



(For list of Senators and Members of the 

 House who were present, see note *.) 



* The following is a list of members of the Fortieth Con- 

 gress present at the first session : 



SENATE. . 



List of Senators, with the expiration of their respective 

 terms of service. 



New Hampshire Aaron IL Cragin, 1S71 ; James "W. Pat- 

 terson, 1873. 



MassacMisetts Charles Simmer, 1SC9 ; Henry "Wilson, 

 1871. 



Rhode Island William Sprague, 1SC9 ; ITenry B. An- 

 thony, 1871. 



Connecticut James Dixon, 1869; Orris S. Ferry, 1873. 



Vermont George F. Edmunds, 1S69; Justin S. Morriil, 

 1873. 



New York Edwin D. Morgan, 1869; Eoscoe Conkling, 

 1873. 



New Jersey Frederick T. Frelinghuysen, 1869 ; Alex- 

 ander G. Cattell, 1871. 



Pennsylvania Charles B. Bnckalew, 1869 ; Simon Cam- 

 eron, 1873. 



. Delaware George Bead Eiddle, 1869 ; Willard Sauls- 

 bury, 1871. 



Maryland 'RcfCT^y Johnson, 1869 ; , 1873. 



Kentucky James Guthrie, 1S71 ; Garret Davis, 1873. 



Tennessee David T. Patterson, 1869 : Joseph S. Fowler 

 1871. 



Ohio Benjamin F. Wade, 1869 ; John Sherman, 1S7S. 



Indiana Thomas A. Hendricks, 1869 ; Oliver P. Morton, 

 1873. 



Illinois nichard Yates, 1871 ; Lyman Trumbull, 1S73. 



Maine Lot M. Morriil, 1869 ; Win. Pitt Fessenden, 1S71. 



Missouri John B. Henderson, 1869; Charles D. Drake, 

 1873. 



Michigan Zachariah Chandler, 1869 ; Jacob M. Howard, 

 1871. 



2owa James W. Grimes, 1871 ; James Harlan, 1878. 



Wisconrin James B. Doolittle, 1869 ; Timothy 0. Howe, 

 1873. 



California John Conner, 1869; Cornelius Cole, 1873. 



Minnesota Alexander Earasey, 1869 ; Daniel S. Korton, 

 1871. 



