the committee be discharged from their further consideration.

"In deference to the memorialists, and at the special request of some of them, it is proper that I should state briefly and generally the reasons which authorize this conclusion.

"The memorials set forth five reasons as grounds why these gentlemen should not be allowed to sit here. The first alleges that the Legislature did not proceed in separate bodies to vote upon the question until the third Tuesday after notice of the vacancy was communicated by the Governor. The facts are such as to create some controversy as to whether they did proceed on the second Tuesday or the third Tuesday after the notice; but, in any view, the committee are unanimously of the opinion that the Legislature was not deprived of its constitutional right to elect Senators to this body. "The second allegation is that at one of the joint sessions of the General Assembly a quorum of the State Senators was not present. It is not alleged that there was not a quoruin present of each boly on the days the respective elections took place; but it is alleged or claimed that under the act of 1866 the failure of either body to be present with a quorum on any day deprives the Legislature of the right to elect. The committee differ with the memorialists in that view. We think that one body of the Legislature could not deprive the Legislature of the right to elect by such absence, if unquestionably on the day of election a quorum of each body of the Legislature was present and voting. We think the reason alleged in this ground is not sufficient to invalidate the election.

The third ground alleged is that there was not a majority of the whole Legislature actually voting for the members chosen. In our opinion that is not necessary. There was a quorum of each House present in the joint assembly; there was a majority of that quorum actually voting for the members chosen. In our opinion that was a valid election.

"It is alleged specifically in the memorial that the Stockton case is a precedent to the contrary. On examination it will be found that the Stockton case is not a precedent to the contrary. Mr. Stockton, of New Jersey, in the celebrated case so well known, was chosen, not by a majority, but he was chosen by a plurality vote, the Legislature in joint session having declared before the election that a plurality should elect. The Senators now occupying the seats in question, from New York, were not chosen by a plurality vote; they were each chosen by a majority, a quorum of each body being present, and a majority of the joint assembly voting. I will state that, if the cases from New York were like the case from New Jersey, I do not think at this day any gentleman would regard the Stockton case as a precedent. Unquestionably the body that elects has a right to prescribe that a plurality may elect, and I think the report made by Senator

Trumbull on that occasion is not only correct, but conclusive of the law of the case. The committee, therefore, are of the opinion that that ground is not sufficient to invalidate the election.

"The fourth ground relates to Hon. W. Miller, and alleges that he is guilty of certain conduct in violation of section 1,781 and section 1,782 of the Revised Statutes, which disqualify a member from holding any office of honor, trust, or profit under the United States Government. It is sufficient to say that the Senator from New York has never been convicted of a violation of those sections of the Revised Statutes, and a simple inspection of the sections shows that it is conviction that disqualifies, and not allegations by outsiders or third persons who do not prosecute. Therefore the committee overrule that ground, and think it insufficient, conceding the facts alleged to be true for argument; we do not know anything about thein.

"The last ground is one of fact. Before I have alluded to what are called legal grounds or allegations that by legal operation the election is void. The last ground alleges that there were rumors of bribery in procuring the election of these gentlemen. The allegation of mere rumors of bribery is not sufficient, unaccompanied with evidence, to require investigation at the hands of the Senate or of its committees. It is alleged in this memorial that one State Senator of New York is under indictment in that State for offering a bribe to a member of the House to vote in the senatorial election. It is due to the Senators holding the seats that the committee should say that that indictment is not for a bribe offered to vote for either one of the present Senators. It is due also to state, that while we find by reports that have been sent to us and investigations had, that there were a great many scandals in connection with the senatorial election in New York during the late session of the Legislature, most of these scandals occurred before the two gentlemen now holding seats became even candidates before that body.

"Therefore, sir, the committee, without going further into details, hold that the respective grounds alleged, and all of them together, are not sufficient to authorize further investigation, and do not make a case invalidating the election of the Senators from New York. We believe, from all that is before us, that the elections were valid and ought to be so declared."

THE GARFIELD MEMORIAL.-In the Senate, on December 5th, Senator John Sherman, of Ohio, offered the following resolution:

Resolved, That a committee of six Senators be appointed on the part of the Senate, to join such committee as may be appointed on the part of the House, to consider and report by what token of respect and affection it may be proper for the Congress of the United States to express the deep sensibility of the nation to the event of the decease of the late President, James A. Garfield, and that so much of the message of the President as relates to that melancholy event be referred to said committee.

The resolution was adopted, without debate, on the next day. At the same time, a similar resolution, appointing a committee of one member from each State, was adopted by the House.

The committee appointed on the part of the Senate consisted of Messrs. Sherman, of Ohio; Pendleton, of Ohio; Dawes, of Massachusetts; Lapham, of New York; Bayard, of Delaware; and Morgan, of Alabama, to whom Mr. Conger, of Michigan, and Mr. Brown, of Georgia, were subsequently added.

The committee appointed on the part of the House consisted of the following members: William McKinley, Jr., of Ohio; Romualdo Pacheco, of California; James B. Belford, of Colorado; John T. Wait, of Connecticut; William H. Forney, of Alabama; Poindexter Dunn, of Arkansas; Edward L. Martin, of Delaware, Robert H. M. Davidson, of Florida; Alexander H. Stephens, of Georgia; Joseph G. Cannon, of Illinois; Godlove S. Orth, of Indiana; John A. Kasson, of Iowa; John A. Anderson, of Kansas; John G. Carlisle, of Kentucky; Randall L. Gibson, of Louisiana; Nelson Dingley, Jr., of Maine; Robert M. McLane, of Maryland; Benjamin W. Harris, of Massachusetts; Roswell G. Hoar, of Michigan; Mark H. Dunnell, of Minnesota; Charles E. Hooker, of Missis sippi; Nicholas Ford, of Missouri; Edward K. Valentine, of Nebraska; George W. Cassidy, of Nevada; Joshua G. Hall, of New Hampshire; John Hill, of New Jersey; Samuel S. Cox, of New York; Robert B. Vance, of North Carolina; M. C. George, of Oregon; Charles O'Neill, of Pennsylvania; Jonathan Chace, of Rhode Island; D. Wyatt Aiken, of South Caro lina; A. H. Pettibone, of Tennessee; Roger Q. Mills, of Texas; Charles H. Joyce, of Vermont; J. Randolph Tucker, of Virginia; Benjamin Wilson, of West Virginia; and Charles G. Williams, of Wisconsin.

On December 21st the committee reported as follows:

Whereas, The melancholy event of the violent and tragic death of James Abram Garfield, late President of the United States, having occurred during the recess of Congress, and the two Houses sharing in the general grief, and desiring to manifest their sensibility upon the occasion of the public bereavement: Therefore,

Be it resolved by the House of Representatives (the Senate concurring), That the two Houses of Congress will assemble in the hall of the House of Representatives on a day and hour to be fixed and announced by the joint committee, and that in the presence of the two houses there assembled, an address upon the life and character of James Abram Garfield, late President of the United States, be pronounced by Hon. James G. Blaine; and that the President of the Senate pro tempore, and the Speaker of the House of Representatives, be requested to invite the President and ex-Presidents of the United States, the heads of the several Departments, the judges of the Supreme Court, the repre-entatives of the foreign governments near this Government, the Governors of the several States, the General of the Army and the Admiral of the Navy, and such officers of the Army and Navy as have received the thanks of Congress, who may then be at the seat of government, to be present on the occasion.

And be it further resolved, That the President of the United States be requested to transmit a copy of these resolutions to Mrs. Lucretia R. Garfield, and to assure her of the profound sympathy of the two Houses of Congress for her deep personal affliction, and of their sincere condolence for the late national Lereavement.

The preamble and resolutions were adopted. Subsequently a concurrent resolution was adopted to set apart Monday, February 27th, for the memorial services above mentioned.

In the House, on February 27th, the Speaker said: "This day has been dedicated by the action of the two Houses of Congress to services in commemoration of the life and death of James Abram Garfield, late President of the United States. This action was taken through the adoption of concurrent resolutions by the unanimous vote of the two Houses, presented by a select joint committee appointed 'to consider and report by what token of respect, esteem, and affection it may be proper for Congress to express its and the nation's deep sensibility over the event of the decease of our late President.'

"The House is now assembled and ready to perform its part in the solemn duty."

The following programme of arrangements, prepared by the joint committee of both Houses, was carried out:

●PROGRAMME OF ARRANGEMENTS.

The Capitol will be closed on the morning of the 27th to all except the members and officers of Congress.

At ten o'clock the east door leading to the Rotunda

will be opened to those to whom invitations have been extended under the joint resolution of Congress by the presiding officers of the two Houses, and to those holding tickets of admission to the galleries.

The hall of the House of Representatives will be opened for the admission of Representatives and to those who have invitations, who will be conducted to the seats assigned to them, as follows:

The President and ex-Presidents of the United States, and special guests, will be scated in front of the Speaker.

The Chief-Justice and associate justices of the Supreme Court will occupy seats next to the President and ex-Presidents, and special guests, on the right of the Speaker.

The Cabinet officers, the General of the Army and Admiral of the Navy, and the officers of the Army and Navy who, by name, have received the thanks of Congress, will occupy seats on the left of the Speaker.

The Chief-Justice and judges of the Court of Claims, and the Chief Justice and associate justices of the Supreme Court of the District of Columbia, will occupy seats directly in the rear of the Supreme Court.

The diplomatic corps will occupy the front row of seats.

Ex-Vice-Presidents, Senators, and ex-Senators, will occupy seats in the second, third, fourth, and fith rows, on east side of main aisle.

Representatives will occupy seats on west side of main aisle, and in rear of the Senators on east side.

Commissioners of the District, Governors of States and Territories, assistant heads of Departments, and invited guests, will occupy seats in rear of Representatives.

The Executive gallery will be reserved exclusively for the families of the Supreme Court, and the families of the Cabinet, and the invited guests of the Pres