The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-12


impress upon the House that unless Cancellation took
place. this was but the Of revolution He
eonended that the joint convention of the two houses
could not be terminated by the withdrawal OF the Senate
and still existed In the which he alluded the
President OF the Senate took the OF that body In the
presence OF the House. and the Speaker of the House took
the vote OF that body in the Of the Senate be
thought this should have been pursued in the
emit cas- Until this question disposed Of II was
his opinion that nothing else in order and therefore 1t
was right and that the House should take up the
point, and decide it, and report TO the Senate.
Mr. STANTON of Ohio hoped that the regular order of
business would be proceeded with
Mr.. CRAlGE OF North Carona thought that the dill
Guilty could be overcome by the appointment of commit
tee of three persons by the House to confer with like
committee the part Of the Senate and consult upon the
reassembng OF the two houses for the disposition Of this
question.
Mr. ORR of South Carolina then submitted the follow
ing resolutions: fu
Ordered That when the Senate shall this House
to complete In Of the order of the two houses al
ready the counting OF the votes for President and
Vice President Of the United States the votes Of State
cast day other than that provided by law to wit the
Sd Of December last shall be rejected the ters OF this
Ordered That the Clerk aoquant the Senate with the
going order Of the House.
Mr. ORR stated that whoever was of opinion that the
vote Of the State OF Wisconsin ought be counted could
amend the resolution but he contended that whenever the
precedent was set that this House could votes cast
upon other day than that provided by law the House
put 1t in the power OF States to make combinations
cure the election of President.
After the Speaker had decided adversely several points
of order made by various gentlemen
Mr. WASHBURNE, of Wisconsin, offered the following
preamble and resolution amendment that submit
ted by the gentleman from South Carolina:
Whereas the electoral the State of Wisconsin
at the last presidential election not cast until the 4h
and whereas the presidential the said State
from attending the seat of that
caused by the act Of God Therefore, ''i''''''
BE resored That the telers be directed to count the
vote OF the said State the as If the said vote had been
cast on the day provided by law.
Mr. DAVIS, OF Maryland, entirely CONQUERED with the
gentleman from Kentucky that it proper for the
tors to retire In his Judgment there had been joint
convention and the duty which had been assigned to the
two houses had been already discharged There was no
Judgment be passed either by the Senate the House
of Representatives by the Speaker of the House. He
thought that the constitution defined what they should
and beyond that there nothing be DONE The cons
said that the President of the Senate should in the
Of the two houses open the certificates and the
votes should then be counted This had been DONE and it
did require any Judgment be announced and did
confer upon the President of the Senate declare who
should be President Of the United States As it evil
dent that there enough votes to elect President
thought that the House should proceed to that bust
ness
Mr.. COBB, Of Georgia. thought that there was very
important question before the House. and it struck him
that HE two houses the best possible condition to
decide it. He insisted that 1t in the province of
the presiding officer to dissolve the joint convention He
dissened from the views expressed by the gentleman from
Maryland conending that the trainers Of the constitution
would not have provided that the duty Of counting these
votes should be discharged In the of both houses
and then left the question who elected President
to be decided by house alone He therefore preferred
to vote for the proposition Of the gentleman from South
Carolina. s-,. -,-..,s...u.e. b..
After some remarks by Messrs BINGHAM of Ohio, and
CUMBACK, of Indiana,
Mr.. BOYCE, of South Carolina referred to a similar
which had heretofore occurred in counting the votes
OF the State of Missouri and in which objection made
to the counting of the No difficulty had arisen then
and for the purpose of removing all difficulty the present
time he would move that somewhat similar be
uo xl,.<Sl un,
luton that the vote of Wisconsin be counted
y and that message be the Senate inviting them
TO continue in convention until the announcement be
made
Mr.. CAMPBELL, of Ohio, then obtained the floor and
offered the following preamble and resolution:
Whereas the members of this House satisfied that in
Buchanan Of has BEEN elected
deat and that John Brecknridge Of Kentucky has been
he 1 da e @ Of
further satisfied that majority Of the people OF the
State of Wisconsin cast their votes for electors favorable
the election of John O. Fremont for President and for
Dayton for Vice President and that the electors
by them BY act Of Providence failed to their
OF Wisconsin cannot affect the result of said election There
0r S..o,,,s Yh,, w,., -. s,u., ,.,. .,. !, -, ~
OF the House OF Representatives under the provisions of the
joint resolution it the opinion of this House that the
OF said State Of Wisconsin ought to be counted.
After short discussion
Mr. JONES' of Tennessee stated that he had no feeling
this OCCASION and could necessity for much
element When he made the report from the teller he
stated that OF the votes received Mr.. Buchanan had re-
ceived l4 that Mr. Fremont had received including the
vote Of Wisconsin, which the day after
scrbed by law la votes and that Mr. Fillmore had
eeived votes The provisions of the constitution had
been carried out and he would ask whether there
gentleman upon the floor of the House who had doubts
the fact that Mr.. Buchanan had received majority
OF all the electoral votes cast and therefore duly
elected President of the United States for four years
from the 4h Of March He would submit that it made
no difference whether the votes of Wisconsin, counted
not and it did not matter whether the received
by Mr. Fremont were legal not Mr.. Buchanan was
clearly elected President In conclusion he moved the
previous question. .A
The previous question having been seconded, and the
question recurring the amendment to the amendment,
Mr.. SMITH, of Tennessee moved to lay the whole sub
ect on the table zE att 3.
Mr.. KUNKEL, of Pennsylvania moved that the House
adjourn which motion not agreed toyeas 3d. a.
The question recurring the motion to lay the table
Mr. COLFAX, of Indiana moved that there be call Of
the House; pending which, #
AT twenty-five minutes past four O'Clock, the House
adjourned raa
CouRr CLAIMS Feb. lo.-Bass P. Alviso The Uni
ted States Mr. Phillips opened tie argument in this
the part Of the claimant Mr. Mcpherson replied the
part of the government and the submitted The
case of A. o. Nicholson submitted the facts.
Joshua R. Jemet cs. The United States Mr.. Averill
opened the argument in this the part of the claim
ant and continued till o'clock when the court adjourned