CONGRESS, UNITED STATES. 



209 



J. Scudder, Sloss, A. Herr Smith, H. Boardman 

 Smith, J. Ambler Smith, John Q. Smith, Southard, 

 Speer, Stanard, Standiford, Stephens, Stone, Storm, 

 Strait, Strawbridge, Thornburgh, T remain, Vance, 

 Waddell, Wells, Whitehead, Whitthorne, Charles W. 

 Willard, George Willard, John M. S. Williams, Wil- 

 liam B. Williams, Willie, Jeremiah M. Wilson, 

 Wolfe, Wood, John D. Young, and Pierce M. B. 

 Young 134. 



NAYS Messrs. Averill, Barber, Barry, Biery, 

 Bradley, Burchard, Burleigh, Burrows, Benjamin F, 

 Butler, Roderick K. Butler, Cain, Carpenter, Cason, 

 Amos Clark, Jr., Freeman Clarke, Clements, Clinton 

 L. Cobb, Stephen A. Cobb, Coburn, Conger, Cotton, 

 Crutchfield, Dobbins, Donnan, Eames, Farwell, Fort, 

 Hagans, Eugene Hale, Robert S. Hale, Harmer, Ben- 

 jamin W. Harris, Hathorn, John B. Hawley, Gerry 

 W. Hazelton, E. Rockwood Hoar, Hodges, Houghton, 

 Howe, Hubbell, Hurlbut, Hyde, Kellej, Lewis, Lof- 

 land, Loughridge, Lowe, Lynch, Martin, Maynard, 

 James W. MoDill, McKee, McNulta, Moore, Myers, 

 Negley, Nunn, O'Neill, Orth, Packard, Page, Isaac 



Sener, Sessions, Shanks, Sheats, Sherwood, Lazarus 

 D. Shoemaker, Sloan, Small, Smart, Snyder, Sprague, 

 . Starkweather, St. John, Taylor, Charles R. Thomas. 

 Christopher Y. Thomas, Thompson, Todd, Town- 

 send, Tyner, Waldron, Wallace, Jasper D. Ward, 

 Marcus L. Ward, Whiteley, Wilber, Charles G. Wil- 

 liams, William Williams, and James Wilson 104. 



NOT VOTING. Messrs. Adams, Barnum, Barrere, 

 Bass, Berry, Corwin, Crooke, Curtis, Danford, De- 

 Witt, Duell, Eden, Freeman, Frye, Hays, Hendee, 

 Hersey, George F. Hoar, Hooper, Hynes, Kendall, 

 Lamar, Lamport, Lansing, Marshall, Alexander S. 

 MoDill, MacDougall, McLean, Mitchell, Morey, Orr, 

 Packer, Parsons, Pike, Purman, William R. Roberts, 

 James C. Robinson, Henry B. Sayler, Sheldon, George 

 L. Smith, William A. Smith, Stowell, Swann, Sy- 

 pher, Walls, Wheeler, White, Whitehouse, Ephraim 

 K. Wilson, and Woodworth 50. 



So (two-thirds not having voted in the af- 

 firmative) the joint resolution was not passed. 



In the Senate, on January 5th, Mr. Thurman, 

 of Ohio, offered the folio wing resolution, which 

 was immediately considered : 



Resolved, That the President of the United States 

 is hereby requested to inform the Senate whether 

 any portion of the Army of the United States, or any 

 officer or officers, soldier or soldiers of such army, 

 did in any manner interfere or intermeddle with, 

 control or seek to control, the organization of the 

 General Assembly of the State of Louisiana, or either 

 branch thereof, on the 4th inst. : and especially 

 whether any person or persons claiming seats in 

 either branch of said Legislature have been deprived 

 thereof, or prevented from taking the same, by any 

 such military force, officer, or soldier ; and if such 

 has been the case, then that the President inform 

 the Senate by what authority such military interven- 

 tion and interference have taken place. 



Mr. Oonkling, of New York, said: "Mr. 

 President, I suggest to the Senator from Ohio 

 who moved this resolution, although it seems 

 to be here only a matter of form, that he had 

 better conform to the customary phraseology 

 ' if in his judgment not incompatible with the 

 public interests,' which very likely the Senator 

 means to imply ; but that is the rule, and I 

 think it had better be so stated." 



Mr. Thurman : " I do not agree that that is 

 the rule. I do not agree that, on a matter 

 VOL. xv. 14 A 



which concerns our relations with no foreign 

 power, which merely concerns the domestic 

 affairs of the United States upon a question in 

 respect to the use of the Army of the United 

 States to interfere with the organization of a 

 State Legislature, there is any necessity or any 

 propriety for saying that the President shall 

 not make a communication unless, in his 

 judgment, it is proper to do it. I say that it 

 is for us, in our judgment, to know whether 

 the facts are as suggested in that resolution, 

 and if they are, by what authority this inter- 

 ference has taken place ; and it is not for us 

 to submit to the opinion of the President, or 

 the judgment of the President, whether the 

 Senate of the United States shall know the 

 facts, and know by what authority such inter- 

 ference has taken place, if the fact be that 

 there has been such interference. 



"This is not, sir, a case in which we inter- 

 fere with warlike movements, although it has 

 wonderfully the semblance of war not war 

 made by the people, but war made I will not 

 say by whom ; I will wait for the facts. It is 

 not a case in which the public can suffer any 

 detriment, in which the Government can suffer 

 any detriment from the Senate of the United 

 States knowing fully what are the facts of the 

 case, and by what warrant of law or pretense 

 of law this intervention, if it has taken place, 

 has been made." 



Mr. Oonkling : " Mr. President, the Senator 

 from Ohio seemed to think that he distinguished 

 this case not only from the mass of cases but 

 from all other cases (for I undertake to say that 

 this usage has not been departed from, when 

 attention was called to it, in any instance) by 

 observing that the topic to which the resolu- 

 tion relates does not concern our relations 

 with foreign nations. Now, I humbly conceive 

 that if there be sense and reason in the rule> 

 which commits something to executive discre- 

 tion, that reason is no stronger, nay, it is less 

 strong, in a case which may involve facts 

 touching our foreign relationships, than it is 

 in many a case, this one for example, touching- 

 our domestic affairs. To what does this reso- 

 lution relate? To the turbulence, to the 

 bloodshed, to the chaos, to the serious disor- 

 der of a great community in one of the States, 

 of this Union ; a community from which the 

 most recent tidings are suggestive and ominous 

 suggestive of something higher than the 

 mere strife and competition of faction or of 

 party suggestive of considerations which ad- 

 dress themselves to every Senator, not as a 

 partisan, but as he stands upon his oath in 

 conscience to represent the constituency be- 

 hind him and to be true to the great trust 

 committed to him. Here is a resolution aimed 

 at facts touching such a subject, and the Sen- 

 ator from Ohio thinks that it is too much 

 even for to-day and for to-morrow, during 

 that time when for aught we know turbulence 

 and defiance to law stalk high-headed in the 

 public way. 



