The Nevada Democrat., 1857-03-25
.,-..,.rous Precedsnt--syisconsin, Eleeto-

Y,v;it he remembered that the vote OF WIS
oo.;u was not cast on the first Wednesday Of
n.c.mber, as directed by law, in consequence
-. severe snow storm having prevented the
r,sctors from reaching the State Capital in sea-
On They arrived, however, on. the day fol-
Ling. cast the vote Of the State as usual, and
.n,ointed messenger to convey tito Washing
,oa and the Treasury Department promptly al
lowed the messenger bis compensation and mile
.gc twas for Congress to determine whether
the vote Of the State should be counted; aud as
!, could not affect the result, it was thought to
,aOrd good opportunity to set prccedentfor
action 10 future, upon the happening of sim
liar. contingency, when possibly the result might
be affected, m ,.a,d - ,,
The two Houses of Congress met in joint con-
vention on the 18th of February, to count the
votes. The tellers commenced counting, begin
ming with Maine; when they got to Wisconsin,
objections were made to the vote being receiv-
ed, but the President of the Senate decided that
remarks were out Of order when the tellers were
counting All the votes having been counted
the teers reported the result, with the fact that
all the returns were found regular, and the
electoral votes cast on the proper day, except
ing those of Wisconsin. These were cast on
the 4tb, instead of the Sd Of December. The
President then announced the result declaring,
that James Buchanan and John {. Breckenridge
were duly elected President and Vice President
for four,years from the fourth of March, The
following debate was then had
Mr.. Humphrey Marshall said in this case. the
President, through the tellers, announced the
vote of Wisconsin,, but whether this should be
done or not. must depend on the determination
Of this Convention, aud not OH the decision of
the presiding officer, whose functions, according
10 the yerbiagc OF the Constitution, 60 no fur
Their than opening the certificates. The case
which has now aristn n, made no difference as to
the result, but the time might come when such
a state OF things might be fraught with the most
important consequences to the country.
The President said the votes having been
counted, and the result announced, the func-
tions of the two Houses were discharged.
Mr. Toombs entered his dissent from the de-
cision of the Chair, which would close the
mouths Of Senators and Representatives with
whom the decision rested.
The President quoted the language of the
Constitution relative to the counting of votes
and in justification of his decision.
Mr.. Butler would regard the reception of the
vote Of Wisconsin as setting dangerous prccc-
dent If State should not, through its electors
vote at the same time as the other States, but
reserve it, power, with the telegraph running
from one end of the Union TO the other, it might
Income the umpire in electing the President
and Vcc-Prcsident. He thought it clear that
this vote ought not to be received.
IliOlar n nd.r fhn inSfructinn. ,f bic ossa,:
ate tellcrs, stated that they had not yet signed
this ccrtifcate-they had merely reported the
facts.
Mr. Crittcnden said that the Presidents de-
c.sion involved the privilege Of determining
the election of President of the United States.
and therefore he protested against the decision.
The President repli' d that be was not aware
that be had assumed or exercised any such pow
cr. II was his duty to announce the vote which
lie had dischared and none other
Mr. Orr, moved that the vote Of Wisconsin be
excluded.
> Mr. Cass SAID that they could take no tote
here nor could they discuss questions The on
~ point was to adjourn to their respective
Houses. They were ovcrthrning the Govern
Inent in making this National Convention.
Mr.. Butler concurred in that opinion.
The President sad that the duty for which
the two Houses had assembled being concluded,
the Senate should return to Their Chamber.
Mr.. Toombs entered his protest
Mr.. Douglas expressed an opinion that the
tllers had no right to add the certificate TO the
vote Of Wisconsin till the two Houses should so
decide He protested agains; n dissolution of
Of the Joint Convention till a decision was made.
He was willing that the Senate should retire to
consider the question in dispute.
Mr.. Stanton asked what question was to lie
determined. The business for which the two
Houses met had been contaminated
The President said that no vote could be Ia
ken by the two Houses thus assembled. and
ruled Mr.. Orr's motion out of order.
Mr. Haven submitted that they had not count
ed the votes. 1t was his opinion that the vote
Of Wisconsin ought not to be counted, but il
was right that those who thought differently
should be heard. The question should at once
be determined.
Mr. Hunter (amid cries of "Order'') moved
that the President conduct the Senate back to
their Chamber.
Mr.. Billinghurst called for the reading of the
original certificate showing the cause which pre-
vented the Electors from reaching the capital
Of Wisconsin in time.
Voices-We all know what they are.
Mr.. Cobb (Geo.) thought it import ant to know
whether this Convention could adjourn by the
decision of the Chair, or by their own act. He
usutcu heIn W uectdc Wnetner tney mad com
pleted the business for which they had assem-
lied.
Mr. Butlcr-l call that gentleman to order.
I is not debatabe question. My State shall
not be overridden while am here.
Mr.. Cobb-All questions are debatable unless
prevented by special rule.
Much confusion prevailed throughout these
half dozen gentlemen striving at
he same time for the floor
The President said that be would receive the
notion that the Senate should return to their
OWN chamber, and that the Senate was now in
session.
Mr.. Cobb-Thc question now arises whether
he vote OF Wisconsin shall be counted Let
he Senate retire for delioeration, and the desir-
ID result can be effected by an interchange Of
messages.
Mr.. Trnmbull thought that the only way was
or each House separately to consider what was
BEST TO be done.
The President said that the difficnlfv was that