860 



INDEX OF CONTENTS. 



the discretion of investigating committees the question of 

 public or secret sessions, 205 ; a second amendment re- 

 quiring open sessions rejected, 206 ; the amended resolu- 

 tions, 206 ; denunciation of roving investigating commis- 

 sions, 206 ; the resolutions agreed to, 207. 



In the Senate, text of the bill to regulate the counting 

 of Presidential vote, 207, 208 ; the Constitution on the 

 subject, 208 ; the right to appoint electors inheres in the 

 Individual States, 208, 209 ; after the electors are selected 

 in the manner determined by the Legislature a State has 

 no control over their action, 210 ; they are then officers 

 of the United States, 210; the bill defines the mode of 

 procedure in the legitimate action of Congress regarding 

 the count, 210 ; the power of counting and determining 

 the validity of electoral votes not a function of the Presi- 

 dent of the Senate, 211 ; every executive act implies an 

 exercise of judgment, 211 ; the bill assumes that a power 

 of authenticating the votes rests with the two Houses of 

 Congress, but does not define its extent, 212 ; the pro- 

 cedure in the case of imperfect or conflicting returns, 218; 

 action upon objections of members of both Houses to 

 counting a vote, 213; it is competent to the States to 

 settle election disputes in their own tribunals, 213 ; the 

 language of the bill offers an opportunity to fraudulently 

 disqualify a proper return, 213 ; evil of leaving the coun- 

 try in suspense as to the actual results of an election, 

 214, 215 ; two rules for returns according as they are or 

 are not adjudicated upon in the States, 216 ; danger of 

 allowing a Senator and a Kepresentative to challenge re- 

 turns, 216; legislation on the subject unconstitutional, 

 216; the language of the Constitution clear and conclu- 

 sive, 21T ; a joint rule all that is called for, 217 ; improba- 

 ble that the deciding power was delegated to the Presi- 

 dent of the Senate, 218; the motive of the bill to confirm 

 the rights of States to legitimate electors, 218; the bill 

 passed, 218. 



In the House, text of a bill to restrict Chinese immigra- 

 tion, 218 ; Congressional legislation can rescind treaty obli- 

 gations, 219; the courts upon the subject, 219, 224 ; pre- 

 vious efforts to prevent the influx of Chinamen, 219 ; de- 

 fects of the Burlingame treaty, 220 ; hardship of Chinese 

 competition, 220 ; memorial of Californian workingmen, 

 220, 221 ; case of special pledges not to legislate on a 

 treaty, 222; the bill passed, 222; the Chinese bill in the 

 Senate, 222; amendment providing for a new treaty 

 with China, 222; only a question of expediency, 222; 

 bad faith of abrogating the treaty, 223 ; amendment lost, 

 223; passage of the bill, 224; veto message of the Presi- 

 dent, 224-226 ; failure of the House to pass the Chinese 

 bill over the veto, 226. 



In the House, the army appropriation bill, 226; the ques- 

 tion in previous Congress of attaching general measures 

 to appropriation bills, 227 ; the action of the special ses- 

 sions, 228; the question of reorganization and economy 

 and the posse comitatus clause, 228 ; the latter should 

 be revised, not repealed, 229 ; section 2002 of the Revised 

 Statutes on " keeping the peace at the polls," 229 ; the 

 British statute forbidding the presence of soldiers at elec- 

 tions, 229 ; provisions of British mutiny act, 230 ; amend- 

 ments of sections 2002 and 5528 of the Eevised Statutes 

 attached to the appropriation bill, 230 ; struck out in the 

 Senate, 230; the clause allowing troops at the polls a war 

 measure dangerous to popular liberty, 231 ; previous con- 

 ference negotiations on the measures in dispute, 232; 

 time enough for the proposed legislation in the next Con- 

 gress, 232 ; the obnoxious laws were directed against in- 

 terference with elections, 233 ; they have not prevented 

 free elections, 233; Republicans accused of legislative 

 filibustering, 233; the bill fails to pass, 234. 



In the House, the legislative, executive, and judicial 



appropriation bill, 284; amendment abolishing and re- 

 fusing pay to deputy marshals and supervisors of elec- 

 tions, 234 ; Democratic interests involved in the measure, 

 234; Eepublican arraignment of the Democratic party, 

 235 ; limited suffrage in Rhode Island, 235 ; Democratic 

 counter-charges, 235; the colored vote not the property 

 of the Republican party, 236 ; it is time that war mea- 

 sures were repealed, 286 ; Davenport's arrests of voters 

 in New York, 236, 287 ; the act decided illegal in the case 

 of a duly naturalized citizen, 237 ; dangers of similar ar- 

 rests to defeat fan: elections, 288 ; three propositions con- 

 tained in the amendments, 288 ; removing the limitations 

 on jury-panels, 238 ; making jury-trial political, 238 ; de- 

 stroying the safeguards of the ballot-box, 238; demanded 

 by the South, 238 ; the laws to be repealed obnoxious to 

 the constitutional sovereignty of the States, 239; the 

 statute conferring the powers of marshals and deputies 

 at elections, 239 ; its tyranny, 239 ; the demanded repeal 

 not a Southern measure, 240 ; Republican determination 

 to uphold the laws, and Democratic responsibility for the 

 emergency of an extra session, 240; arbitrary power and 

 acts of marshals adduced, 241 ; Democratic declaration 

 that appropriations shall be withheld until the grievances 

 are redressed, 241 ; the amendment carried, 241 ; the sec- 

 ond amendment appointing a commissioner of opposite 

 politics from the clerk of a court to select hah* the 

 names to be drawn for juries, 241 ; amendment carried, 

 242 ; the next amendment, abolishing supervisors and 

 deputy marshals, carried, 242 ; the bill passed with the 

 amendments, 242 ; the bill and amendments in the 

 senate, 243 ; the clause requiring jurors to be drawn 

 from both parties stricken out, 244 ; a conference com- 

 mittee, 244 ; no agreement on the repeal of the juror's 

 test-oath, 244 ; nor on the repeal of the laws appointing 

 marshals and deputies, 245; the evil effects of these laws, 

 245; impossible for the House majority to recede from 

 their position, 246 ; the evils of an extra session, 246 ; a 

 bill already passed by the Senate repealing the test-oath, 

 247; Democrats charged with the purpose of precipi- 

 tating an extra session, 247 ; answer that a motion to sus- 

 pend the rules and pass the repeal measures was defeated 

 by a solid Republican vote, 247; the Speaker's adjourn- 

 ment speech, 247 ; review of the conference presented to 

 the Senate, 248 ; Democratic agreement that if an extra 

 session should be necessary separate bills embodying the 

 repeal measures should be immediately brought forward, 

 248; the Senate refuse to withdraw from their position, 

 249. 



Extra Session. The President's proclamation calling 

 an extra session, 249; his message defining its objects, 

 249; list of Senators and Representatives of the Forty- 

 sixth Congress, 249-251. 



In the House, bill making appropriations for the army 

 presented, 251 ; the same bill that was considered in the 

 regular session, 251 ; the clauses forbidding the presence 

 of troops at the polls, 251 ; the calling out of troops to 

 suppress insurrection different from keeping peace at the 

 polls, 251 ; a marshal calls for troops as a posse comltatus, 

 not as the army, 252 ; no such use of troops known until 

 after the war, 252 ; the import of the repealing clauses, 

 252; let the vestiges of the war be effaced, 252 ; Congress 

 may declare that the Executive shall not use the army for 

 a particular purpose, 252 ; the law which it is desired to 

 amend was originally introduced by a Democrat, 258; the 

 words " to keep the peace at the polls " were added as an 

 amendment, 253; the amendment was accepted by the 

 Democrats, 253; not approved, as alleged, by eminent 

 Democrats, 254; the custom of appending general mea- 

 sures to appropriation bills inaugurated by a Republican 

 Congress, 254; Republican coercive measures in 1850 



