212 



CONGRESS, UNITED STATES. 



Bruce, Burnside, Cameron of Wisconsin, Ghnstian- 

 cy, Conkling, Hamlin, Hoar, Howe, Jones of Ne- 

 vuda, Kellogi, Mitchell, Mornll, Oglesby, Rollins, 

 Saundt-rs, Wadleigh, and Windom-21. 



K AYS _Me8sr8. Armstrong, Bailey, Barnum, Bay- 

 ard Beck, Butler. CockrelJ. Coke, Eaton Eustis, 

 Gordon, Grov^r, Hereford Hill, Ingalls, Jones ot 

 Florida, Kernan, Lamar, McCreery, Maxey, Merri- 

 mon, Plumb, Kansom, Sargent, Teller, Voorhees, 

 Walface, Whvte, and Withers 29. . 



\BSEKT Messrs. Cameron of Pennsylvania, thai- 

 fee Conover, Davis of Illinois, Davis of West Vir- 

 ginia Dawe's, Dennis, Dorsey, Edmunds, Ferry, 

 Garland, Harris, Johnston, Kirkwood, McDonald, 

 McMillan, McPherson, Matthews, Morgan, Paddock, 

 Patterson, Randolph, Saulsbury, Sharon, Spencer, 

 and Thurman 26. 



The Presiding Officer : " The Senate has re- 

 fused to strike out the section." 



Mr. Blaine : " I move to amend section 29 

 of the bill by striking out all after the word 

 ' section ' in line 9 ; that is, I move to strike 

 out the following words : 



And any person willfully and knowingly violat- 

 ing the provisions of this section shall be deemed 

 guilty of a misdemeanor, and, on conviction thereof, 

 shall be punished by fine not exceeding $10,000, or 

 imprisonment not exceeding two years, or by both 

 buch fine and imprisonment." 



The Presiding Officer : " The question is on 

 the amendment moved by the Senator from 

 Maine." 



The result was announced as follows : 



YEAS Messrs. Allison, Anthony, Blaine, Booth, 

 Bruce, Burnside, Cameron of Wisconsin, Chris- 

 tiancy, Conkling, Ferry, Hamlin, Hoar, Howe, In- 

 galls, Kellogg, Mitchell, Merrill, Oglesby, Plumb, 

 Kollins, Sargent, Saunders, Teller, Wadleigh, and 

 Windom 25. 



NAYS Messrs. Armstrong, Bailey, Barnum, Bay- 

 ard, Beck, Butler, Cockrell, Coke, Eustis. Gordon, 

 Grover, Hereford, Hill, Jones of Florida^ Kernan, 

 Lamar, McCreery, Maxey, Merrimon, Kansom, Voor- 

 hees, Wallace, Whyte, and Withers 24. 



ABSENT Messrs. Cameron of Pennsylvania, Chaf- 

 fee, Conover, Davis of Illinois, Davis of West Vir- 



S'nia, Dawes, Dennis, Dorsey, Enton, Edmunds, 

 arland, Harris, Johnston, Jones of Nevada, Kirk- 

 wood, McDonald, McMillan, McPherson, Matthews, 

 Morgan, Paddock, Patterson, Randolph, Saulsbury, 

 Sharon, Spencer, and Thurman 27. 



So the amendment was agreed to. 

 The amendments were ordered to he en- 

 grossed, and the bill to be read a third time. 

 The bill was read the third time, and passed. 



In the House, on June 10th, Mr. Hewitt, of 

 New York, said : " I ask unanimous consent 

 to take from the Speaker's table the hill (II. 

 R. No. 4867) making appropriations for the 

 support of the army for the fiscal year ending 

 June 30, 1879, and for other purposes. The 

 bill has been returned from the Senate with 

 sundry amendments, and I desire to move that 

 the amendments of the Senate he non-con- 

 curred in and a committee of conference asked 

 for." 



The motion was agreed to, two thirds voting 

 in the affirmative. 



The rotes were accordingly suspended, and 

 the amendments of the Senate were non-con- 



curred in and a committee of conference re- 

 quested. 



A committee of conference was appointed 

 on the Senate amendments, and on June 15th 

 Mr. Sargent reported to the Senate as to sec- 

 tion 29 : " With reference to the provisions of 

 the bill inserted by the House prohibiting the 

 use of the army, which is section 29, Senators 

 will remember that it was amended in the Sen- 

 ate so as to strike out in lines 3 and 4 the 

 words ' under the pretext or ' ; in the sixth line 

 the word ' expressly ' was stricken out ; and in 

 the seventh line the words ' the Constitution 

 or by' were inserted, so as to read 'by the 

 Constitution or by act of Congress,' and the 

 penalty was stricken from the bill. We found 

 considerable difficulty in agreeing upon this 

 section, but the modification which the Senate 

 had made in it made it possible to come to an 

 understanding. I should like to say here that 

 it is my firm judgment, after the experience of 

 the last forty-eight hours, that unless the Sen- 

 ate had made the duty easy for the committee 

 by the modification which it made in that sec- 

 tion, it would have been impossible to have 

 come to any agreement on the Army bill with 

 the original House section in controversy. I 

 am satisfied it never would have been stricken 

 from the bill. As it now stands, the House 

 yielded that the words ' under the pretext or ' 

 should go out, which we contended were in 

 the nature of a reflection upon the past admin- 

 istration of the Government, and we could not 

 consent that anything in the nature of a reflec- 

 tion, and which was entirely useless for any 

 practical purpose, should remain in the bill, 

 We satisfied them by our argument that that 

 ought to be done, and it was stricken out. 



"With reference to the word 'expressly' 

 we restored it and allowed it to go in, so that 

 now the employment of such force must be 

 expressly authorized by the Constitution or by 

 act of Congress, they assenting that the words 

 ' the Constitution or by' before the words 'act 

 of Congress ' might remain in, so that if the 

 power arises under either the Constitution or 

 the laws it may be exercised, and the Exec- 

 utive would not be embarrassed by the pro- 

 hibition of Congress to act where the Consti- 

 tution requires him to act ; and the embarrass- 

 ments would not have the effect of restraining 

 the action of an upright and energetic Exec- 

 utive, but still might raise a question which 

 he would desire to avoid if possible. The pen- 

 alty remains in the section as agreed upon, ex- 

 cept that we procured that the word 'will- 

 fully' should be put in before the word 'vio- 

 lating ' ; so that it reads : 



And any person willfully violating the provisions 

 of this section shall be deemed guilty of a misde- 

 meanor. 



" Mr. President, that is the report of the 

 committee of conference, with the exception 

 of some minor matters which are settled in 

 accordance with the general principles which 

 I have stated." 



