CONGRESSIONAL RECORD.

 

[Mr. HALE] that my opinion then was, and is now, that not only
Wells but Anderson and the whole; board were a set of unmitigated
swindlers, and that nearly everything connected with or resulting
from their count was a swindle and a fraud.

MORNING HOUR.

Mr. BLOUNT. I demand the regular order of business.
The SPEAKER. The morning hour begins at twenty-three minutes
_past twelve o’clock, and the call of the committees for bills of a public
nature, during which private bills may be introduced, rests with the
Committee ‘on the Judiciary.

JUDICIAL DISTRICTS, STATE OF MISSOURI.

Mr. KNOTT, from the Committee on the Judiciary, reported back
favorably a bill (H. R. No. 596) to amend section 540 of chapter 1 and
title 13 of the Revised Statutes of the United States.

The bill, which was read, provides that section 540 of chapter 1 and
titie i3 of the Revised Statutes be asiended to read-as follows: 4

Ssc. 540. The State of Missouriis divided into two districts, which shall be called
the eastern and the western district of Missouri. The eastern districtincludes the
counties of Schuyler, Adair, Knox, Shelby, Monroe, Pike, Montgomery, Gasconade,
Franklin, Washington, Reynolds, Shannon, and Oregon, as they existed January 1,
ef >. the counties east of them. The western district includes the residue
of said State.

  
 

sept

_ The bill was ordered to be engrossed and read a third time; and
rossed, it was accordingly read the third time, and passed.
Mr. KNOTT moved to reconsider the vote by which the bill was
oT also moved that the motion to reconsider be laid on the
table.
The latter motion was agreed to.
DISTRICT COURT OF WEST VIRGINIA.

Mr. KNOTT, also from the same committee, reported back favorably
a bill (H. R. No. 2860) changing the times of holding the terms of the
district court for the district of West Virginia. :
The bill, which was read, provides that hereafter the district court
of the United States for the district of West Virginia shall be held
at the times and places following; but when any of said dates shall
fall on Sunday the term shall commence the following Monday, to
wit: At the city of Wheeling, on the 1st day of March and the Ist
day of September; at Clarksburgh, on the ist day of April and the
1st day of October ; at Charleston, on the 1st day of May and the
ist day of November. And all pending process, rules, and proceed-
ings shall be conducted in the same manner and with the same effect
as to time as if this act had not passed.
iy bill was ordered to be engrossed and read a third time; and
g engrossed, it was accordingly read the third-time, and _ passed.
1 OTT moved to reconsider the vote by which the bill was
and also moved that the motion to reconsider be laid on the

  

  
  
 
 
  
  
 
   
 
 
  
 
  
 
 
  
  
 
   
   
   

 

latter motion was agreed to.
CREDITORS OF THE LATE REPUBLIC OF TEXAS.

UTLER, from the Committee on the Judiciary, reported back,
favorable recommendation, the joint resolution (H. R. No. 18)
rizing the Secretary of the Treasury to pay over to the State of
the balance remaining of the fund appropriated by the acts of
er 9, 1850, and February 20, 1855, for the payment of the
of the late Republic of Texas; and the same was referred
ymmittee of the Whole on the state of the Union, and the ac-
anying report ordered to be printed.

HON. WILLIAM M. SPRINGER.

R, also from the Committee on the Judiciary, reported
ubstitute for the House bill, a bill (H. R. No. 3388) for
fof Hon. WiLt1AM M. SPRINGER; which was read a first and
ime, referred to the Committee of the Whole on the Private
ar, and, with the accompanying report, ordered to be printed.

LEGAL DISABILITIES OF WOMEN.

SUTLER. Iam alsoinstructed by the Committee on the Judi-
report favorably the bill (H. R. No. 1077) to relieve the legal
ties of women, and I ask that it may be put upon its passage.
bill was read. It provides that any woman who shall have

  

iy

 
  
 
 
  

# member of tlie bar of the ki zJest court of Guy State or Terri-
tory or of the supreme court of the District of Columbia for the space
_of three years, and shall have maintained a good standing before
such court, and who shall be a person of good moral character, shall,
on motion and the production of such record, be admitted to prac:
tice before the Supreme Court of the United States.
Mr. BUTLER. I do not desire to debate this bill nor do I desire to
- gut off debate upon it. It provides simply this: that where any wo-
_ man has been admitted to the bar of the highest court of a State, or
of the supreme court of the District of Columbia, and is otherwise
qualified as set forth in the bill, she may be admitted to the Supreme
Court of the United States, in order to conduct cases committed to
her by her clients in that court. If there is no desire to debate the
~ pill I will call the previous question. |
‘The previous question was seconded and the main question ordered ;
_ and under the operation thereof the bill was ordered to be engrossed
and read a third time; and being engrossed, it was accordingly read
- the third time.
_ The question was on the passage of the bill.

Te,

 

 

 

Mr. WHITE, of Pennsylvania. I ask that the bill be again read.

The bill was again read. a

Mr. HEWITT, of Alabama. I desire to ask the gentleman from
Massachusetts a question. Is that the unanimous report of the Judi-
ciary Committee ?

Mr. BUTLER. Iso understand it.
committee.

The question being taken; there were—-ayes 100, noes 68.

Mr. BLACKBURN. I call for the yeas and nays.

The yeas and nays were ordered. ‘

Mr. BUCKNER. Let the bill be again reported.

The SPEAKER. The bill has been twice read. If there be no ob-
jection it will be read a third time.

There was no objection, and the bill was again read.

Mr. WHITE, of Pennsylvania. I wish to ask the gentleman from
Massachusetts whether the question of the right of women to practice

I heard no objection in the |

inthe Supreme Court of the United States has ever been distinctly  _ oe

brought before that court?

Mr. BUTLER. It has; and they have decided that as the law now
stands women cannot be admitted.

The question was taken; and there were—yeas
voting 36; as follows:

169, nays 87, not

YEAS—169.

Aldrich, Danford, - Ketcham, Ryan,
Bacon, Davis, Horace Killinger, Sampson,
Bagley, Deering, Knapp, Sapp,
Baker, John H. . Dickey, Knott, Sayler,
Baker, William H. Dwight, Landers, Sexton,
Ballon, Eames, Lapham, Shallenberger,
Banning, Elam, Lindsey, Sinnickson,
Bayne, Ellis, Loring, Slemons,
Benedict, ’ Elsworth, Lynde, Smalls,
Bisbee, Errett, Mackey, Sparks,
Blair, Evans, James L. Marsh, Springer,
Bliss, Finley, Mayham, Starin,
Bouck, Fort, McCook, Stenger,
Brentano, Foster, McGowan, Stepheus,
Brewer, Freeman, McKinley, Stewart,
Bridges, Frye, McMahon, Stone, John W.
Briggs, Giddings, Metcalfe, Stone, Joseph C.
Brogden, Glover, Mitchell, Strait,
Browne, Hale, Money, Thompson,
Bundy, Hanna, Monroe, Throckmorton,
Burchard, * Harmer, Morse, Townsend, Martin I.
Burdick, Harris, Benj. W. Norcross, Vance,
Butler, Harrison, Oliver, Van Vorhes,
Cain, Hart, O’ Neill, Veeder,
Calkins, Hartridge, Overton, Wait,
Camp, Hartzell, _ Page, Walker,
Campbell, ~~ Haskell, Patterson, G. Ws Wenn"
Cannon, Hatcher, Patterson, T. M. Ward,
Caswell, Hayes, Phelps, ‘Warner,
Chalmers, Hazelton, Phillips, Watson,

- Chittenden, Henderson, Pollard, Welch,
Claflin, Hiscock, Pound, White, Michael D.
Clark of Missouri, Hubbell, Price, Whitthorne, |
Clark, Rush Humphrey, Pridemore, Williams, Andrew
Clymer, Hungerford, Pugh, Williams, C.G. _
Cole, Hunter, Rainey, Williams, Richard
Collins, Ittner, Rea, Willits,
Conger, James, Reed, Wren,
Covert, Jones, Frank Reilly, Wright,
Crapo, Jones, James T. Rice, William W. Yeates.
Culberson, Jones, John §. Robertson,
Cummings, Keifer, Robinson, George D.
Cutler, Kelley, Robinson, Milton 8.

NAYS—87.

Acklen, Cox, Jacob D. Hardenbergh, Randolph,
Aiken, Cox, Samuel §. Harris, Henry R. Reagan,
Atkins, Cravens, Harris, John T. Riddle,
Beebe, _Crittenden, Hendee, Robbins,
Bell, Davidson, Henry, Tess,
Bicknell, . Davis, Joseph J. Hewitt, Abram S. Scales,
Blackburn, Denison, Hewitt, G. W. Schleicher,
Blount, Dibrell, Herbert, Singleton,
Boone, Douglas, House, Southard,
Boyd, Dunnell, Hunton, Steele,

| Bragg, Kickhoff, Joyce, Swann,
Bright, Evins, John H. ° Kenna, Tucker,
Buckner, Field, Kimmel, Turner,
Cabell, Forney, Leonard, Turney,
Caldwell, John W. Franklin, Ligon, Waddell,
Caldwell, W.P. Fuller, Manning, Wigginton,
Candler, Garth, ‘Martin, Williams, James =
Carlisle, Gause, McKenzie, _ Williams, Jere N.
Clark, Alvah A. Gibson, Mills, Willis, Albert 8.
Clarke of Kentucky, Goode, Morgan, Willis, Benjamin A.
Cobb, Gunter, Muldrow, Wilson.
Cook, Hamilton, Peddie,

NOT VOTING—36.

Banks, Henkle, Muller, Smith, William E.
Bland, Hooker, Neal, Thornburgh,
Durham, Jorgensen, Potter, Tipton,
Eden, Keightley, Powers, . Townsend, Amos
Evans, I. Newton Lathrop, Quinn, Townshend, R. W.
Ewing, Lockwood, Rice, Americus V. White, Harry,
Felton, Luttrell, Roberts, Williams, A. 8.
Gardner, Maish, Shelley, Wood,
Garfield, Morrison, mith, A. Herr Young. :

So the bill was passed. fo
During the call of the roll the following announcements were

made: |
Mr. WILLIS, of Kentucky. My colleague, Mr. DURHAM,

is de-
tained from the House by illness, .

 
 

Be NS fh eer ese a es Se

 

 

 

 

  
  
   

20

CONGRESSIONAL RECORD.

FEBRUARY 22,

 

Mr. FORT. My colleague from Illinois, Mr. Trpron, is confined to
his room by sickness.
Mr. CALDWELL, of Tennessee. My colleague, Mr. YounG, is ab-
sent on account of sickness. If he were present, I think he wonld
vote “ay.” .
Mr. BLOUNT. My colleague from Georgia, Mr. FELTON, is absent
on account of sickness.
The result of the vote was then announced as above recorded.
Mr. FORT. I suggest to the gentleman from Massachusetts that
before he moves to reconsider the vote passing the Dill, the title
should be amended.
Mr. BUTLER. I move that the title of the bill be amended by
putting in the word “certain” before “legal;” so that the bill will
remove certain legal disabilities, not all of them.
e | | The motion was agreed to.
C.G | Mr. BUTLER moved to reconsider the vote by which the bill was
Von Oe ee passed; and also moved that the motion to reconsider be laid on the
table.
The latter motion was agreed to.
FORECLOSURE SUITS.
Mr. LYNDE, from the Committee on the Judiciary, reported, as a
substitute for House bill No. 1452, a bill (H. R. No. 3389) to provide
for appearance on behalf of the United States in foreclosure suits.
The bill was read. It provides that whenever an action or suit
shall be commenced for the foreclosure of a mortgage upon any real
estate upon which the United States have any lien or other claim,
which shall have attached or accrued subsequent to the recording of
such mortgage, the United States may be made a party defendant to
i such action or suit, and it shall be the duty of the United States
fi attorney for the district in which such real estate is situated, upon
being served with process in such action or suit, to appear therein for
the United States. :
Mr. LYNDE, Iask that the bill be now put upon its passage.
The bill was ordered to be engrossed and read a third time; and
being engrossed, it was accordingly read the third time, and passed.
Mr. LYNDE moved to reconsider the vote by which the bill was
passed; and also moved that the motion to reconsider be laid on the
table. ‘
The latter motion was agreed to.
EXEMPTIONS ON JUDGMENTS.

4 Mr. LAPHAM. Iaminstructed by the Committee on the Judiciary
_ to report back the bill (H. R. No. 405) fixing exemptions on judg-

 

 

 

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nove that the bill, as amended, do now pass. ria ay
_ The bill was read. It provides that from and after the passage of
this act there shall be exempt from seizure on an execution or attach-
ment issued from any court of the United States, in the hands of each
_ head of a family, all the property that may then be exempt by the
laws of any State wherein the defendant in such a case may reside.
~The committee proposed to amend the bill by striking out all after
he word ‘‘ States” in line 5 and inserting as follows:
ee Lhe same property which shall be exempt from levy and sale by the laws of
_ S$tate in which the defendant shall at the time reside.

The amendment was agreed to. t
Mr. LAPHAM. I ought perhaps to make one further remark. B
the present law the same exemptions are provided for in all cases in
bankruptcy as are allowed by State laws; but the object of this bill
is to provide for the same exemptions in the execution of the process
from Federal courts as are provided upon process from the State courts.
The bill, as amended, was ordered to be engrossed and read a third
time; and being engrossed, it was accordingly read The third time,
and passed. — - Ag
Mr. LAPHAM moved to reconsider the vote by which the bill , as
amended, was passed; and also moved that the motion to reconsider
be laid on the table. ‘
The latter motion was agreed to. | |
Mr. LAPHAM. I move to amend the title of the bill so that it will
read as follows: A bill providing the same exemptions upon process
_ from the courts of the United States as is provided in the several
States upon process from the States courts, ;
Tie motion was agree iv, * 9 Pes

$ Pik

  

he

Se

AN ACT EXPLANATORY OF THE ACT OF JUNE 30, 1864, |
_ On motion of Mr. FRYE, the Committee on the Judiciary were
relieved from the further consideration of the bill (H.R. No. 2410) to
amend an act entitled “An act explanatory of the act of June 3U,
aii ” and the same was referred to the Committee uf Ways and
_ Means. nS |
ee REPRESENTATION IN TERRLORIES. |
_ Mr. HARTRIDGE. I aminstructed by the Committee on the Judi-
ciary to report back, with a recommendation that it do now pass, the
(H. R. No. 1630) to amend. section 1922 of the Revised Statutes,
of provisions concerning particular organized Territories. :
The bill was read. : * |
d RTRIDGE. I desire to state, for the information of the
use, that the only provision of the existing law which is chan ged
that in reference to the Territory of Arizona. The number of the
nbers of the council and house of representatives of the other

4

ments in favor of the United States, with an amendment thereto, and

same as they now exist; but in Arizona, of course, the number of
the council of the Territory of Arizona is changed from nine to thir-
teen members, and the house of representatives is changed from
eighteen to twenty-seven.

The reason of this change is this: When in 1863 the number of
councilmen and representatives were arranged, I am informed the
population of Arizona was about seven thousand, and the population
now is about forty thousand. This increase of the population is pro-
posed to be better represented. This is the whole scope of the bill.

Mr. CORLETT. I desire to call the attention of the gentleman
from Georgia [Mr, HARTRIDGE] to the provisions of the proposed bill
so far as it relates to the Territory of Wyoming. This provision in
relation to the Territory of Wyoming stands the same as in the act
| organizing that Territory as originally passed, and therefore I have
no objection to it on that score; but I wish to add this, that since the

act originally passed the Legislature of Wyoming has acted upon the |
subject; and has increased the nesiiber of members of the Legislature
as is provided by the original law. The number of the council have
been increased from nine to thirteen and the house of representatives:
from thirteen to twenty-seven.

Now, the effect of this bill would be this: that it would make the
representation in the next Legislature nine and thirteen respectively;
and it could not be changed until another meeting of the Legisla-
ture. I simply suggest that the provisions of the bill so far as the
Territory of Wyoming is concerned be struck out, so that the matter
will be left just as it is now, and by doing that the object which the
committee have in view would not be affected. oS

Mr. HARTRIDGE. I would like to ask the gentleman a question. |

Mr. CORLETT. Certainly. |

Mr. HARTRIDGE. By a general statute no one but Congress have
aright to increase the numbers of the Legislature; is there anything |
in the laws of Arizona contrary to that?

Mr. CORLETT. This increase in the numbers of the members of the
Legislature was brought about by the action of the Legislature itself,
and not through the action of Congress, and therefore the effect of
this proposed legislation would be that the present Legislatures in
these Territories would be annulled in this respect and the right they
have always exercised will be taken away.

Mr. HARTRIDGE. I have no objection to striking out the pro-
vision in relation to the Territory of Wyoming. ae

Mr. FENN. By the organic act of the Territory of Idaho passed in
1862, the council was to consist of seven members and the house was
to consist of thirteen members, and I think they could be increased |
by the provisions of this organic act, at the discretion of the Legis-
lature, and have xéen increased to the amount of thirteen in the
and twenty-six in the house, The Territory of Idaho has gro
between seven thousand and eight thousand to about forty
As stated by my friend from Wyoming, [Mr. CorLErrt, ]
passed, would put us in the same, situation that we were
beginning. This bill would put my Territory back to se
in the council and thirteen in. the house, and then th
would have to go to work and increase the numbers
future. Therefore I hope that Idaho will be excepted :
visions of the bill. = ) ‘
Mr. HARTRIDGE. The object of the committee is
Legislative Assemblies of the different Territories pr
now are, except in the case of Arizona. I have noo
amendment whick does not defeat that purpose. -

Mr. CORLETT.. I move to amend the bill so tha
Assemblies of all the Territories with the exception o:
consist of thirteen members of the council and twenty
seven members of the lower house, as the case may b
Mr. PATTERSON, of Colorado. I move as a sub
amendment of the gentleman from Wyoming [Mr. Co
which Isend to the Clerk’s desk. .

 

    
   
    
   
 
    
 
   
   
   
  
      

 

 

   

+ “
' Phe Clerk read as follows:~ =

ie

 

Provided, That this act shall not change the number of members of t
latures of said Territories as now provided by the laws of said Territo
in the Territory of Arizona.

Mr. HARTRIDGE. I have no objection to that amendment.
tho BCI MG. the-aniond > ~pt wos agceed wera eee x:
The question was upon the amendment as amended. ;
Mr. FORT. I would inquire of the gentleman from Georgia [Mr.
HARTRIDGE] what reason there is why the number of councilmen |
and members of the house of representatives should not be uniform
in all the Territories? a
Mr. MAGINNIS. This bill makes them so. :
Mr. FORT. Why not provide for one councilor and one member |
of the lower house forso many inhabitants in any Territory, so that —
one Territory may not have one ratio of representation and another ~
Territory a different ratio? — 3 i
Mr. HARTRIDGE. No such general bill has been offered to the ©
consideration of the committee, and therefore we have not taken any —
action upon the subject. — | |
Mr. FORT. The gentleman does not answer my question.
to know if thére is any reason why the number should not be t
in all the Territories. — 3
Mr. HARTRIDGE. I know of no reason.

 
 

 

    

      
  

   
  

 

   

le rl tories in this section of the Revised Statutes are preserved the

rs

Mr. FORT. Then why not amend this bill as to make it so?

le ky
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