The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-06-14


cate OF the Register as on the certificate OF the Com
missioners and argued further that Congress- being
satisfied that the adjudication lately made was I'M
proper and UNJUST could require REHABILITATION by
Mr.. FEssENDEN insisted that the fundamental idea
OF our theory Of the ballot was its secrecy and ex.
pressed surprise that the Senator mr. HOwe) should
claim that ministerial oficer has the right to do
anything which is not prohibited by law Such an
once which he is not charged to do. He would not
argue the question whether the votes which were
looked with alarm on the PROPOSAL to eSaxe an n
Engagement OF the sanctty OF the ballot
~, Mr. ,:. ftsEaMGHUYsEN treP Of n j. agreed with
but held that the Commissioners were justihable in
marking the votes Of such persons were only
lnay voters, since subsequent to the registration OF
the soldiers 1t had been decided that they had no
and was followed by Mr. HENDRICKS, who read and
commented on the various passages Of the election
laws to show that after registration was concluded
names on the exhibited lists the Commissioners had
no right whatever to say that any one who had re-
tended that after the election returns were made
the functions OF the Board had ceased and the Com
missoners had no power to reverse their action any
more Than any private citizen. The legality Of the
soldiers votes had been decided according to the
forms OF law and this bill was simply an attempt to
AS Wen might the Legislature Of q State
attempt to deprive Senator Of his seat
crnase Of his law eled Occurring after some h SsS
duly qualified as q member OF the body. He con-
sldeIed that the bill was wrong In principle and in
consstent IN It's provisions, since 1t allowed the
Mayor to hold Office on pfiea Tlcie evidence, but
made different regulation in regard to the Council
men.
Mr.. HARLAN claimed that the bill made no differ
ence between them, but allowed those officers to
nola sneir places ON the same evidence namely, the
Mr.. HENDRICKS reOined that the existing law
made the Register only the agent to give notice of
sioners in the of the Mayor and that the Boards
OF Aldermen and COuncilmen the sole judges OF
the qualification and election OF their members.
ne therefore moved to recommt the bill, with In.
structions to provide that all the officers who had
received certificates under the existing law should
hold their offices until legally dispOssessed.
Inc amendment was rejected.
The question being on Mr.. Davis amendment, it
Mr. BUCKArEw moved to strike out the words
satisfactory evidence" and insert irregular official
returns" saying the Commissioners appointed by
and after their legal duties were complete part OF
them made out another return which was exceeding
ofHciai return which it is proposed to give in evi
dence, but are they Illegally subtituted for 1T
he explained the effect OF the correction which
saying it was not a return but state.
mDt Of the commissioners laid before the
Register, from which he made out return; but the
regular Official return was made by them to the
Mayor prior to that time and by him proclaimed. He
drew parallel between the present attitude Of the
Legislature when Mr. Stevens and some other mem
bers withdrew and set up house OF their own. lie
proceeded to denounce the attempt to get up an
interference by Congress in favor OF party say
ing every presumption was In favor OF the legality of
the return. lie pronounced IL an eectiOneering trick.
Mr. WILLIAMS, (rep) OF Oregon, called attention
to the fact that the amendment would defeat the
purpose OF the bill, as the conending parties would
each claim that theirs was the regular Official return
The amendment was lost by party vote Of to Fl,
with the exception of Mr.. Fowler, who voted ave.
Mr.. HENDRICKS moved to amend by inserting in
the fourth section the words land that either party
out division. He then moved to strike out the
words land the action Of said court in relation
thereto shall be final"
Mr. HARLAN had no objection and the amendment
was adopted.
Mr.. HENDRICKS moved to strike out section two,
providing for the punishment OF obstruction in office
OF any person holding certificate of election by fine
and Imprisonment, which was rejected without d.
vision.
Mr.. yIcKERs, (dem) of Md, offered the following
amendment:-
Be enacted That this act shall the
election pending In the said city, but that the said cleo
ton shall be decided In the court which shall have jurisdiction
Of the same.
The amendment was rejected.
The bin then passed without o division.
TEMPORARY LOAN CERTIFICATES.
Mr.. CATTELL, (rep.) Of N. j., introduced bill to
provide for o further issue Of temporary loan GER
tifcates for the purpose OF redeeming and retiring
the remainder OF the outstanding compound interest
notes, which was referred to the Committee on FL
nance.
At half past four O'Clock the Senate went into ex-
ecutive session and soon after adjourned.