REPORT OF COMMITTEE.

[The committee consisted of Messrs. Vance (chairman), Gray, Pugh, Turpie, Palmer, Hoar, Mitchell of Oregon, Chandler, and Higgins.]

IN THE SENATE OF THE UNITED STATES.

MARCH 27, 1893.-Ordered to be printed.

Mr. Hoar, from the Committee on Privileges and Elections, submitted the following report:

The Committee on Privileges and Elections, to whom were referred the credentials of Asahel C. Beckwith, claiming a seat in the Senate from the State of Wyoming, respectfully report:

The term of Mr. Warren, Senator from Wyoming, ended March 3, 1893. The legislature of said State, who were, under Revised Statutes, sections 14, 15, entitled to elect his successor on the day of 1893, adjourned without an election. Thereupon the governor of Wyoming, on the 9th day of March, 1893, appointed Mr. Beckwith to hold the office of Senator until the next meeting of the legislature. We think said appointment valid for the reasons set forth in the report in the case of Mr. Mantle, claiming a seat from the State of Montana.

We recommend the adoption of the accompanying resolution:

'Resolved, That Asahel C. Beckwith is entitled to be admitted to a seat as Senator from the State of Wyoming."

PROCEEDINGS IN THE SENATE.

MONDAY, August 7, 1893.

The Vice-President laid before the Senate the following communication, which was read and ordered to lie on the table:

"[The Beckwith Commercial Company, merchants. Incorporated 1887.]

"EVANSTON, Wyo., July 11, 1893.

"DEAR SIR: Owing to a combination of circumstances over which I had no control, I have been obliged to hand in my resignation to Governor Osborne of my appointment as United States Senator from Wyoming.

"I beg to remain, your obedient servant,

"Hon. ADLAI E. STEVENSON, Washington, D. C." (Cong. Rec., vol. 25, p. 198.)

"A. C. BECKWITH.

WEDNESDAY, September 6, 1893.

The Secretary read the following resolution reported from the Committee on Privileges and Elections:

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Resolved, That there be allowed out of the contingent fund of the Senate, to A. C. Beckwith, the sum of $2,000, in full compensation for all his time and expense in prosecuting his claim to a seat as Senator from the State of Wyoming."

The resolution was referred to the Committee to Audit and Control the Contingent Expenses of the Senate.

(Cong. Rec., vol. 25, p. 1238.)

TUESDAY, September 19, 1893.

The Secretary read the following resolution reported from the Committee on Privileges and Elections on the 6th instant:

Resolved, That there be allowed out of the contingent fund of the Senate, to A. C. Beckwith, the sum of $2,000, in full compensation for all his time and expense in prosecuting his claim to a seat as a Senator from the State of Wyoming."

The VICE-PRESIDENT. An amendment was proposed to this resolution by the Senator from Wyoming [Mr. Carey], which will be read.

The SECRETARY. In line 2, before the word "dollars," strike out "two thousand" and insert "two thousand five hundred."

After debate, the amendment was rejected and the resolution was agreed to. (Cong. Rec. vol. 25, pp. 1568 and 1569.)

[Special session of the Senate, March 4, 1893, and first session, Fifty-third Congress.]

JOHN B. ALLEN, of Washington.

The term of John B. Allen, Senator from the State of Washington, expired March 3, 1893. The leg. islature of said State assembled January 9, 1893, and finally adjourned March 9, 1893, without electing a Senator to fill the vacancy occasioned by the expiration of the term of said John B. Allen. On the 10th day of March, 1893, the governor of the State of Washington appointed said John B. Allen to fill the vacancy occasioned as aforesaid. March 20, 1893, the credentials of Mr. Allen were presented in the Senate of the United States and referred to the Committee on Privileges and Elections. On the 27th day of March, 1893, the committee submitted a report in the case, accompanied by a resolution that Mr. Allen be admitted to a seat in the Senate as a Senator from the State of Washington. On the 28th day of August, 1893, an amendment to this resolution was proposed, declaring that Mr. Allen was not entitled to a seat in the Senate as a Senator from the State of Washington. The amendment was adopted August 28, 1893, by a vote of 32 yeas to 29 nays, and the resolution as amended, that Mr. Allen was not entitled to a seat as a Senator from the State of Washington, was agreed to without a division. This action was taken immediately after the vote was taken in the Senate on the admission of Lee Mantle, and was evidently based on the same ground as the action of the Senate in that case. The history of the case here given consists of a statement of the proceedings in the Senate in relation thereto as published in the Congressional Record, the report of the Committee on Privileges and Elections, the vote on the motion to amend the resolution reported by the committee, and a statement of the result of the vote on the resolution as amended.

IN THE SENATE OF THE UNITED STATES.

MONDAY, March 20, 1893. Mr. Squire presented the credentials of John B. Allen, appointed by the governor of Washington a Senator from that State, which were read and referred to the Committee on Privileges and Elections, as follows:

"STATE OF WASHINGTON, EXECUTIVE DEPARTMENT. "To the President of the Senate of the United States, and to all to whom these presents may come, greeting:

"Whereas the term of office of Hon. John B. Allen as a Senator in Congress from the State of Washington expired March 3, A. D. 1893; and

"Whereas the legislature of the State, which assembled January 9, A. D. 1893, finally adjourned March 9, A. D. 1893 without electing a Senator in Congress from said State to fill the vacancy occasioned by the expiration of the term of Senator Allen; and

"Whereas by reason of the premises a vacancy exists and happens, during the recess of the legislature, in the office of Senator in Congress from the State of Washington:

"Now, therefore, I, J. H. McGraw, executive of the State of Washington, by reason of the premises, and by virtue of the authority in me vested as such executive by the Constitution of the United States, do hereby appoint said John B. Allen, a native-born citizen of the United States over the age of 30 years and an inhabitant of the State, a Senator in Congress from the State of Washington to fill such vacancy until the next meeting of the legislature of the State.

"In witness whereof I have hereunto set my hand and caused the seal of the State of Washington to be affixed hereto, at Olympia, this 10th day of March, A. D. 1893, and of the Independence of the United States the one hundred and seventeenth. "[SEAL.] J. H. McGRAW.

"By the governor:

"J. H. PRICE, Secretary of State.”

(Cong. Rec., vol. 25, p. 20.)

79908°-S. Doc. 1036, 62-3- -8

MONDAY, March 27, 1893.

Mr. Hoar, from the Committee on Privileges and Elections, to whom was referred the credentials of John B. Allen, appointed a Senator from the State of Washington, submitted a report accompanied by a resolution. The resolution was read, as follows: "Resolved, That John B. Allen is entitled to be admitted to a seat as a Senator from the State of Washington."

The report with the accompanying resolution were ordered to lie on the table.

REPORT OF THE COMMITTEE.

[The committee consisted of the same Senators named in the statement preceding the report in the case of Lee Mantle and in the case of Asahel C. Beckwith, supra.]

IN THE SENATE OF THE UNITED STATES.

MARCH 27, 1893.-Ordered to be printed.

Mr. Hoar, from the Committee on Privileges and Elections, submitted the following report to accompany Senate resolution relative to admitting John B. Allen to a seat as a Senator:

The Committee on Privileges and Elections, to whom were referred the credentials of John B. Allen, claiming a seat in the Senate from the State of Washington, respectfully report:

The term of Mr. Allen, Senator from Washington, ended March 3, 1893. The legislature of said State, who were, under Revised Statutes, sections 14, 15, entitled to elect his successor, on the 9th day of March, 1893, adjourned without an election. Thereupon the governor of Washington, on the 10th day of March, 1893, appointed Mr. Allen to hold the office of Senator until the next meeting of the legislature.

We think said appointment valid for the reasons set forth in the report in the case of Mr. Mantle, claiming a seat from the State of Montana.

We recommend the adoption of the accompanying resolution.

"Resolved, That John B. Allen is entitled to be admitted to a seat as a Senator from the State of Washington."

PROCEEDINGS IN THE SENATE.

MONDAY, August 28, 1893.

Mr. VANCE. The case from the State of Washington is pending, and if it is the pleasure of the Senate to take it up, I ask that it be now voted on.

The VICE-PRESIDENT. The resolution will be read.

The Secretary read the resolution reported by Mr. Hoar from the Committee on Privileges and Elections, March 27, 1893, as follows:

"Resolved, That John B. Allen is entitled to be admitted to a seat as a Senator from the State of Washington."

Mr. VANCE. I suppose the result can be reached, not by offering a substitute, but by taking a direct vote on the report. ["No," "No."]

The VICE-PRESIDENT. The question is on agreeing to the resolution of the committee. Mr. VANCE. In deference to those who prefer to follow the precedent, I move to amend by inserting the word "not."

The VICE-PRESIDENT. The amendment proposed by the Senator from North Carolina will be stated.

The SECRETARY. After the word "is," in the first line of the resolution, insert the word "not," so as to read:

"

"Resolved, That John B. Allen is not entitled to be admitted to a seat as a Senator from the State of Washington."

The VICE-PRESIDENT. The question is on agreeing to the amendment of the Senator from North Carolina [Mr. Vance].

The vote on the amendment resulted as follows:

Yeas-Messrs. Aldrich, Berry, Caffery, Call, Camden, Coke, Cullom, Dixon, Faulkner, Gallinger, George, Gray, Lindsay, McMillan, McPherson, Mills, Mitchell (Wis.), Murphy, Palmer, Pasco, Platt, Proctor, Ransom, Smith, Stockbridge, Vance, Vest, Vilas, Voorhees, Washburn, White (Cal.), and White (La.)—32.

Nays-Messrs. Bate, Butler, Cameron, Davis, Dubois, Frye, Hansbrough, Hawley, Higgins, Hill, Hunton, Irby, Jones (Ark.), Jones (Nev.), Martin, Morgan, Peffer, Perkins, Pettigrew, Power, Pugh, Roach, Sherman, Shoup, Squire, Stewart, Teller, Walthall, Wolcott-29.

So the amendment was agreed to and the resolution as amended was agreed to. (Cong. Rec., vol. 25, p. 996.)

WEDNESDAY, August 30, 1893.

Mr. Squire submitted the following resolution, which was referred to the Committee on Privileges and Elections:

Resolved, That there be allowed out of the contingent fund of the Senate to John B. Allen the sum of $5,000, in full compensation for all his time and expense in prosecuting his claim to a seat in the Senate as a Senator from the State of Washington."

(Cong. Rec., vol. 25, p. 1048.)

WEDNESDAY, September 6, 1893.

Mr. Vance, from the Committee on Privileges and Elections, submitted the following report, which was read and referred to the Committee to Audit and Control the Contingent Expenses of the Senate. The report was as follows:

The Committee on Privileges and Elections, to whom was referred the resolution providing compensation for John B. Allen for his time and expense in prosecuting his claim to a seat in the United States Senate from Washington, report that he be allowed $2,500.

(Cong. Rec., vol. 25, p. 1238.)

TUESDAY, September 19, 1893.

The Secretary read the following resolution reported from the Committee on Privileges and Elections on the 6th instant:

Resolved, That there be allowed out of the contingent fund of the Senate to John B. Allen the sum of $5,000, in full compensation for all his time and expense in prosecuting his claim to a seat in the Senate as a Senator from the State of Washington.'

The resolution was reported from the Committee on Privileges and Elections with an amendment, in line 4, before the word "dollars," to strike out "five thousand" and insert "two thousand five hundred."

The amendment was agreed to, and the resolution as amended was agreed to. (Cong. Rec., vol. 25, p. 1569.)

After the vote in the Senate in the cases of Lee Mantle and John B. Allen, and on the 26th day of September, 1893, Mr. Dubois submitted the following resolution; which was read and ordered to be printed and to lie over until the following day: "Whereas several sovereign States are without full representation in the Senate, which they are entitled to: Therefore, be it

"Resolved, That the consideration of legislation relating to the Federal election laws, tariff, and finance, matters which materially affect the partially unrepresented States, be postponed in the Senate until Monday, the 15th day of January, 1894, to enable the States of Washington, Montana, and Wyoming to have the votes, influence, and protection in the Senate which are guaranteed to each sovereign State by the Constitution of the United States."

(Cong. Rec., vol. 25, pp. 1776, 1777.)

On Wednesday, September 27, 1893, the foregoing resolution was laid before the Senate and debated, but no vote was taken thereon.

(Cong. Rec., vol. 25, pp. 1828-1838.)

[Extracts from remarks of Mr. Dubois in support of the resolution introduced by him that the consideration of legislation relating to the Federal election laws, tariff, and finance be postponed in the Senate until Monday, the 15th day of January, 1894. Found in the proceedings of September 27, 1893, in the Congressional Record, vol. 25, pp. 1829, 1830.]

"Mr. President, it seems to me that this resolution is very appropriate and germane at this time. It is worthy the most serious consideration of the Senate. Here are three States deprived of their importance and strength when matters of weighty moment to them are being discussed, preparatory to being decided upon. It is no fault of the people of these States that they are not fully represented here. It is their misfortune, which you can cure.

"In two of the three States there were three political parties represented in the legislature in such proportions that neither party had a majority, and, in consequence, an election should not have been had. In the other, one party had a majority, but individual ambitions and animosities prevented an election. It is quite likely that a strong belief that the governor had the power to appoint a Senator temporarily in case the legislature failed to elect may have influenced some legislators.

"It was not the intention of the people of these States that they should have but one Senator here. The great interests which these communities have in the pending and contemplated legislation precludes such an idea. Scarcely any States are more concerned about tariff legislation than Washington and Wyoming, while both have even greater interest in any legislation relating to financial matters. The very lifeblood itself of Montana is in its mines, while it will also be directly affected by any tariff laws which may be passed.

"This Senate decided that, under the conditions which existed, the appointees of the governors of these three States were not entitled to seats in the Sena. I do not wish nor intend to criticise that decision. You will recall, however, that a majority of the Committee on Privileges and Elections voted in favor of seating the governors' appointees, and that the Senate rejected them by a bare majority of three, obtained with great difficulty.

"The report of the majority of the committee was submitted by the senior Senator from Massachusetts [Mr. Hoar], who also supported the report in remarks of great clearness and strength.

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"The majority of the Committee on Privileges and Elections submitted their report through the Senator from Massachusetts and say:

We think said appointment valid.

"The provisions of the Constitution, under which this question arises, are as follows (Art. I, sec. 3):

"""The Senate of the United States shall be composed of two Senators from each State, chosen by the legislature thereof, for six years; and each Senator shall have one vote."

"What is the great and leading purpose which the provisions now under consideration was designed to accomplish? It is that the Senate of the United States shall be full, always full. Each State was to be represented there by two Senators. No State was ever to be deprived of its equal vote in the Senate, except by its own consent to a change in the Constitution itself.'

"The report says further:

"The equality of the State representation in the Senate, which can only be secured by keeping both seats full, is of first importance. But the presence of two Senators instead of one is a consideration of very great importance indeed. There are a few members of that body whose party feeling would carry them so far as to induce them to prefer the absence of a colleague to the presence of one of opposite political faith. There are a thousand occasions when the power of consulting with an associate devoted to the interests of the same community, and conversant with its wishes, is of inestimable importance.'

"I will further say that, every Senator agreeing that the Constitution intended that each State should be represented by two Senators at all times, I submit in all candor that we should postpone the consideration of questions of such great importance to these partially represented States as are now pending until they have an opportunity to be fully represented.

"If the statement should be made that there is no measure before the Senate to change the Federal election laws or remodel the tariff, the answer is that it is well known that the question of changing the election laws is now being debated in the other House, and that in all probability the measure will reach the Senate long before the bill which is being discussed here relating to finance is brought to a vote. It is also well known that tariff hearings are being had before the Ways and Means Committee of the other House, as a preliminary to the framing and passing of a new tariff bill.

"If it be urged that the legislatures of these States will not be called together or if called together will not elect, the answer is that the Senate of the United State will have done its patriotic duty in endeavoring to preserve the rights guaranteed to those States by the Constitution. I have no reasonable doubt myself that the governor and legislatures of these States will lay aside every other consideration save that of duty to their respective States and have their full quota of Senators here at the appointed time if you pass the resolution which I have proposed.

"The legislatures have not been called together, it is true, but that is easily accounted for. There is a widespread opinion throughout those States, reflected in their newspapers, that the unseating of the applicants from those States was part of a plan to deprive them of a portion of their representation and then force measures through here inimical to their interests. I do not subscribe to those views; I repudiate them; but that is the prevalent opinion throughout that section of the country; and in consequence of that the legislatures of those States have not been called, in addition, of course, to the fact that it will be difficult to elect under the conditions which exist in the legislatures.

"I will close by saying that our forefathers constructed the Constitution on broad and patriotic principles, having always in view the rights of individuals and States, and we should be imbued with the same spirit in interpreting the Constitution. It were better than this legislation should fail than that we should be open to the suspicion of having used the power of numbers to wrong three sovereign States."