The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-12
in CONGRESS- OF THE U. STATES,
Thirty Fourth Congress-Thirds session.
WEDNESDAY, FEBRUARY IL, 1857.
SENATE.
vorRs FOR PRESIDENT.

Immediately after the reading of the journal message
received from the House Of Representatives by Mr.
Cuom their Clerk announcing that the House ready
TO receive the Senate in pursuance OF the order heretofore
adopted open and count the for President and Vice
President Of the United States.
The Senate then proceeded to the hall OF the House Of
Representatives and upon the conclusion of the ceremony
returned and resumed their seats.
Mr. BlGLER teller upon the part of the Senate made
report which was read TO the following effect They had
and counted the of all the States for President
aud Vice President of the United States for the consu
tonal term of four years. from the fourth day Of March,
1851, and find that the first Wednesday of Decem-
ber 1885, the electors Of the several States with the single
exception of the State of Wisconsin assembled in their
sPecve States and cast their votes Of which James Bu-
chanan received TIA for President and John O. Breckn
ridge the number for Vice President; John c. Ere
mont received loo for President and William Dayton
the number for Vice President and Willard Fillmore
received for President and Andrew j. Doneson the same
number for Vice President They further report that the
electors of the State of Wisconsin assembled in Madison
the capital Of that State Thursday the 4h day of De-
cember ls56being day after the day prescribed by
lAwand that that day they cast the electoral votes OF
that State tive in number) for Fremont and Dayton.
Mr. HUNTER stated that there would be difference in
the result whether the electoral vote of Wisconsin
counted omitted but still he thought the best way TO
settle that question would be to adopt resolution that
the joint committee which had been appointed the part
of the Senate should be instructed confer with the House
committee and agree upon such report should be sat
sacory to both houses He alluded to the cases where
similar difficulties had occurred in Michigan and Missouri
and remarked that those difficulties had been settled in this
way. He submitted motion to that effect
The PRESIDENT pro tenn announced that in his decla
ration of the result he had not assumed decide the
ton whether the of the State of Wisconsin should be
counted not but had declared that James Buchanan
having received the greatest number of votes being
ory of the OF the whole number of electors of all
the States is duly elected President of the United States
Mr. NOURSE remarked that il was important to decide
this question: because case might occur when similar
difficulty might affect the general result Here was q
question which be decided by somebody; and If the
two houses separate and do not agree in their decision
who shall decide the question He thought it ought to
he nv Of
houses
Mr. BUTLER said that he felt little concern about this
matter He disputed the right and out TO ascertain
who was President except by the simple rule Of addition
But if it asserted that the convention could say which
should be counted and which should not be counted
an occasion might arise when such convention in the
exercise of its arbitrary power could make President Of
the United States without an election.
Mr. STUART hoped the motion would not be adopted.
The two houses had met together in obedience to the
stution and the law they had assembled for the purpose
of having the counted and the result declared This
has been DONE and that is end Of the subject Prece
dents very dangerous things and he objected going
now with sort of suppositious case and making a
precedent which might be relied hereafter. The diff
Guilty in the present not of Importance the
suit would be affected let the decision be either way
but it showed the impo of additional legislation
Congress declaring that electoral votes which not
cast the day prescribed by law should not be counted
in future But inasmuch all the duties which devoved
upon the two houses in the present had been perform
ed he could necessity for any further action on the
subject at this time.
Mr. TOOMBS said that when the Senate was called ON to
the House of Representatives for the purpose Of having
the electoral votes counted it became important ques
ton which votes and which not: and who was
to decide that question: Suppose certificate had been
received that had been in Nicaragua and the
Presiding Officer and the teer had said that these should
60 in and be counted there remedy for that He
protested against the action of The Presiding Officer because
he counted the vote of Wisconsin in announcing the
su and assumed to exercise the right Of saying that
James Buchanan had TIA votes and John c. Fremont had
ia He maintained that it belonged to the Senate and
House to decide which votes and which should be
I counted.
Mr. BUTLER thoughtt was dangerous power to in
trust to body decide which votes should be counted
| and which should not
Mr.. DOUGLAS expressed the opinion that everything
bad already been done which required to be done in
order to render the action the subject complete The
OF ought not to have been entered upon the
list for the that the houses assembled to count
all the which for President and Vice Pres
dent the third day of December last and the eers
had right to receive and any votes except such
cast upon that day. it being the day appointed by
law. When twelve O'Clock ut night the third Of necer
Der last arrived there presidential electors Wis
consn their office had expired But they assembled and
their votes at three o'clock the afternoon of the
fourth and they had right to cast the electoral
vote of Wisconsin that day than any other five iud
viduals Of that State 1t irregularity to have
placed ths State of Wisconsin, the list but inasmuch
1t bad been put there and these facts stated the copsu
ton and the law having been complied with, the only
regularity is that the of Wisconsin is unnecessarily
on that list 1t was immaterial whether her vote
counted not the result would be the in either
case The only duty now remaining for Congress to
take some steps to provide against the recurrence OF h
! ture difficulty of this sort.
| Mr.. SEWARD congratulated the country that there
necessity for deciding whether the vote of Wscon
sin should should be counted but be expressed the
hope that legislation the subject would be adopted
\ without delay e.sa
i Mr.. COLLAMER would agree to tie proposition for a
committee of conference if he could that there
question for them to sete but he could that there
wRs 1t seemed to be admitted by everybody that Mr.
Buchanan was constitutonay elected President; and
/ that all the question there to be determined.
4 M Of he min ynf
of Wisconsin should be counted He always preferred sub
FORM and the people of Wisconsin ought to be
dsanchsed because of the inability of their electors Ia
i reach the seat of government on given day.
Mr.. HUNTER said that at the suggestion of several Of
| his friends, he would withdraw his motion.
Mr.. BUTLER then submitted preamble and resolution,
recng the facts of the case and concluding witha deca
ration that Messrs Buchanan and Breckenridge were duly
| elected.
| After some discussion,
Mr.. COLLAMER proposed substitute for Mr. BuTLERs
resolution which Mr.. b. accepted II states the facts in
different emitting the record of the number Of
votes which Mr. Fremont received and thus leaving the
question TO the electoral Of Wisconsin out Of the
| issue
Mr.. WELLER moved to lay the resolution upon the
/ BILE which agreed to-
Mr. W. then submitted resolution providing for the
appointment of committee consisting OF senator and
two members of the House of Representatives wait upon
Messrs Buchanan and Breckenridge, and notify them that
they have been duly elected President and Vice President
! of the United States.
| Mr.. ORITTENDEN moved to amend the resolution by
| adding the following:
"And resolved furthermore That the vote of Wiscon
sin, being given day different from that which pre-
scribed by law ought be included in the Of the
electoral votes and that any member either Of the Senate