CONGRESS, UNITED STATES. 



141 



M. Wilson 90. 



NAYS Messrs. Adams, Archer, Arthur, Barnum, 

 Erasmus W. Beck, James B. Beck, Biggs, James G. 

 Blair, Boannan, Braxton, Bright, Roderick R. Butler, 

 Carroll, Cobb, Comingo, Conner, Critcher, Cross- 

 land, Davis, Dox, Duke, Eldredge, Henry D. Foster, 

 Getz. Giddings, Griflith, Hancock, Handfey, Hanks, 

 Harper, Hereford, Horndon, Hibbard, Holman, Kcrr, 

 Kin:;. Lamison, Leach. Lewis, Manson, Marshall, 

 McClelland, McCormick, McIIenry, Mclntyre, Mc- 

 Kiuney, Merrick, Morgan, Niblack, Perce. Price, 

 Randall, Read, John M. Rice, William R. Roberts, 

 i^on, John Rogers, Sion H. Rogers, Sargent, 

 Sherwood, Sliober, Slater, Sloss, Speer, Storm, 

 Swann, Terry, Thomas, Van Trump, Waddell, War- 

 ren, Wells, Whiteley, Whitthorne, Winchester, and 

 Wood 78. 



NOT VOTING Messrs. Acker, Ames, Avcrill, 

 Banks, Bell, Bigby, Bird, Austin Blair, Brooks, 

 Buckley, Burdett, Caldwell, Campbell, Clarke.Cogh- 

 lan, Cox, Creb, Creely, Darrall, De Large, Dodds, 

 DuBose, Elliott, Ely, Farnsworth, Farwell, Forker, 

 Garrett, Golladay, Goodrich, Haldeman, Halsey, 

 Hambleton, Harmer, John T. Harris, Havens, Hay, 

 Hays, Kendall, Killinger, Kinsella, Lansing, McKee, 

 McN'eely, Benjamin F. Meyers, Mitchell, Morey, Mor- 

 phis, Leonard Meyers, Neglcy, Hosea W. Parker, 

 Perry, Peters, Potter, Prindle, Rainey, Edward Y. 

 Rice, Ritchie, Roosevelt, Seeley, Sheldon, Slocum, 

 M .rthington C. Smith, Snyder, Stevens, Suther- 

 land, Sypher, Dwight Townsend, Tuthill, Vaughan, 

 V.virhees, Walls, Williams of New York, John T. 

 Wilson, and Young 75. 



So the amendment was adopted. 



Ttie question recurred on ordering the bill 

 as amended to be engrossed and read a third 

 time. 



The question was taken ; and it was decided 

 in the negative, as follows : 



YEAS Messrs. Banks, Barber, Barry, Bingham, 

 Boles, Burdett, Roderick R. Butler, Cobb, Crocker, 

 Esty, Farwelt, Wilder D. Foster. Griffith, Harmer, 

 George E. Harris, Hill, Hoar, Kellcy, Maynani, Mo- 

 Grew, Morey, Morphia, Leonard Myers, Perce, Platt, 

 Putter, Sargent, Sheldon, Snapp, Stevenson. Stowell, 

 St. John, Srpher, Turner, Twichell, and Wallace 36. 



NATS Ntessrs. Adams, Ambler, Archer, Arthur, 

 Barnum, Beatty, Erasmus W. Beck, James B. Beck, 

 It !!, Beveridge, Biggs, Austin Blair, James G. Blair, 

 Braxton, Bright, Bufflnton, Burchard, Carroll, Co- 

 burn, Comingo, Conger, Conner, Cotton, Cox, Cross- 

 land. Davis, Dawes, Dickey, Donnan, Dox, Duel!, 

 Duke. Dunnell, Earnes, Eldredge, Farnsworth, Fink- 

 elnburg, Charles Foster, Garfleld. Gctz, Giddings, 

 Hale, Handler, Hanks, Harper, Havens, John B. 

 Hawiey, Joseph R. Hawley, Hay, Gerry W. Hazel- 

 ton. John W. Hazelton, Hereford," Herndon, Hibbard, 

 Holman, Ilonghton, Korr, Ketcham, King, Lamport, 

 Lansing, Leach, Lowe, Lynch, Manson, Marshall, 

 McClelland, MeCormick, McCrary, McHenry, Mc- 

 lntyre, McJunkin, McKinney, Merriam, Merrick, 

 Benjamin F. Meyers, Monroe, Moore, Morgan, Neg- 

 lcy, Niblack, Orr, Packard, Packer, Hosea W. Par- 

 ker, Isaac C. Parker. Peck, Perry. Poland, Price, 

 Randall, Read, John M. Rice, Ellis' H. Roberts, Rob- 

 inson, Sawyer, Scofield, Rhellabarger, Sherwood, 

 Shoemaker, Slater, Sloss, II. Boardman Smith, Speer, 

 Snra?ue, Starkweather, Storm, Stoughton.Swann, 

 Taffe, Terry, Tyner, I'ps.in, Van Trump, Waddell, 

 Wakeman, Walden, Waldron, Warren, Wells, 

 Wheeler, Whiteley, Whitthorne, Willard, Jeremiah 

 M. Wilson, Winchester, and Wood 127. 



Nor VOTIXO Messrs. Acker, Ames, Averill, Big- 

 by, Bird, Boarman, Brooks Buckley, Benjamin F. 

 Butler, Caldwell, Campbell, Clarke, Coghlan, Crebs, 



Creely, Critcher, Darrall, De Large, Dodds, DuBose, 

 Elliott, Ely, Forker, Henry D. Foster, Frye, Garrett, 

 Golladav, Goodrich, Haldeman, Halsey, Hambleton, 

 Hancock, John T. Harris, Hays, Hooper, Kellogg, 

 Kendall, Killinger, Kmsella, Lamison, Lewis, llc- 

 Kce, McNeelv, Mitchell, Palmer, Pendleton, Peters, 

 Potter, Prindle, Rainey, Edward Y. Rice, Ritchie, Wil- 

 liam R. Roberts, John Rogers, Sion H . Rogers, Roose- 

 velt, Rusk, Seeley. Sessions, Shanks, Sliober, Slo- 

 cum, John A. Smitn. Worthington C. Smith, Snyder, 

 Stevens, Sutherland", Thomas, Dwight Towusend, 

 Washington Townsend, Tuthill, Vaughan. Voorhees, 

 Walls, Williams of Indiana, Williams of New York, 

 John T. Wilson, and Young 78. 



So the bill was rejected. 



In the Senate, on December 13th, a bill was 

 introduced and considered to allow a drawback 

 on certain building materials imported at Bos- 

 ton. 



Mr. Thurman, of Ohio, said : " Mr. President, 

 this bill is one on which there is some danger 

 of the heart running away with the head, and 

 that may be said of all such bills. There is 

 certainly a very grave constitutional question 

 involved in this bill. It is one that has en- 

 gaged the consideration of Congress, I admit, 

 repeatedly, in principle. If my memory is not 

 at fault, the first bill passed by Congress that 

 bears any analogy to this was a bill for the 

 relief of people in Venezuela, a foreign coun- 

 try. I think Congress made an appropriation 

 for the relief of suft'erers by fire or by earth- 

 quake I do not remember now which it was 

 in Venezuela. The subject was very much 

 discussed in 1846 or 1847 on a bill for the 

 relief of the sufferers from famine in Ire- 

 land, not a bill proposing a direct appropria- 

 tion by Congress, but a proposition to send a 

 national vessel to bear to that suffering coun- 

 try the individual contributions of the people 

 of America. Then came the Portland fire, 

 then the Chicago fire, and now comes this 

 great calamity at Boston. I am quite sure that 

 every Senator is disposed to exercise any con- 

 stitutional power we possess to afford relief to 

 the people of Boston. But there is a funda- 

 mental rulein regard to the Constitution, and 

 that is that where a power is doubtful the Legis- 

 lature ought to abstain from attempting the 

 exercise of it; but when the Legislature has 

 passed a law, then the judiciary will not hold 

 that to be unconstitutional unless it is mani- 

 festly so. The rule of action, therefore, in 

 the Legislature and in the courts is to some 

 extent different. The Legislature ought not to 

 pass a law unless its constitutionality be clear ; 

 the judiciary ought not to set aside a law \pless 

 its unconstitutionally be clear. Now, for one, 

 I wish more light than I have on this subject. 

 Other Senators may have considered this ques- 

 tion so fully that their minds are made up on 

 the constitutional point. I confess that mine 

 is not; and I shonld be very glad, therefore, 

 before another precedent of this kind is set, 

 that this subject shonld receive careful judicial 

 consideration. Fires occur, calamities occur 

 every year in the country, and as the settle- 



