The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1869-02-12

of " Order" Mr.. freslocine
q Order. order, from the opposl'e sius.
The PRESIDING 0FFlCEEdeclarea tha1
everything was ont of order. Lensn1er.
Mr.. BROMWELL, of Illinois Mr. Iie,
sidcnt. I want to know, and there are u
hundred men here who want 10 know, "h"'
authority you have to deny the right OF ap-
neel in this convention.
The PR ES1DING OFFICER: We are pro-
ceed;np under the rent~resoiu'ion OF
both bodies, which has declared how this
vote shall be proceeded with.
Mr.. CROMWELL: But does the concur
ront resolution prescribe who shall deter
mine what is in order or what Is out OF or
der?
No response except knock from the
pavel was made to this question.
Mr.. BANKS (making m effort TO throw
oil upon the troubled waters) asked leave
to make n suggestion which he thought
would relieve the convention from the diff
GUILTY in which it was placed.
Mr.. ELDRIDGE objected, saving that he
wanted free fight, and that if everybody
was going to pitch in they should all have
mn equally fnir chance.
The PRESIDING OFFICER: Objection
is made. No debate is in order. The vote
will be counted according to the resolution.
Mr. BENTON (aside, but daringlyl: You
can't do it.
The PRESIDING OFFICER: Tellcrs will
proceed with the count.
Objections were vociferatcd by several
members Of the opposition.
Mr.. BANKS again essayed TO restore
tranquility, but his words of peace were
not listened TO.
Mr.. WOOD (impatiently) : Let the CHAIR
do its duty. demand n count.
Mr.. BUTLER: Mr.. President, | move
that the convention dissolve, and that the
Senate have leave to retire. Excitcment.l
Mr.. BINGHAM call the gentleman to
order.
Mr.. WOOD: Go on with the count.
In the midst of all this turmoil and OK
element, Senator CONkLlNG, one of the
tellera, rose to announce the result of the
vote. His first sentences were drowned IN
vociferous shouts of 4" No vote" " No vote"
from the anti-senatoral side Of the House.
The disorder was so great that at length the
SpEAKFR-for the first time taking any &C
tive part in the proceedings Of the joint
con ention-rose and directed the Sergeant
alarms to arrest any member who refused
to obey the orders of the convention. This
timely order was hailed with satisfaction,
and greeted with approving signs and clap
ping Of hands on the senatorial Democratic
side of the House, and with a marked cessa-
ton of uproariousness on the opposite side.
At last, after various Interruptions, the
result was announced, first by Senator
CONKLING, and afterwards repeated by
the PRESIDING OFFICER, that, including
the State of Georgia, Grant and Colfax had
received q votes, and Seymour and Blair
50 votes that, excluding the State of
Georgia, Grant aud Coltax had received 2li
votes, and Seymour and Blair II votes.
The PRESIDING OFFICER, after re-
pca.ing the result, said | do therefore
declare that Ulysses 8. Grant, of Illinois,
having received majority of the whole
number Of electoral votes, is duly elected
President of the United States for four
years, commencing on the 18th day OF March,
1850 aud that Schuyler Colfax, of Indiana,
having received ma ority OF the whole num-
her Of electoral votes, Is duly elected wee
President of the United States for foury years,
commencing on the 4fh day of March, 1869.
The Joint convention, having accomplished
the business which brought it here, will
now retire to the Senate chamber.
THE delivery of this " bull was greeted
with uprOarious laughter on all sides Of the
chamber, in the midst Of which the seHa-
tors drew their togas around them lin spirit
and retired from the hall where they had
suffered so much annoyance.
The Senate having retired at + quarter
before O'clock,
Mr.. BUTLER, of Massachusetts, arose
and offered o resolution III lscse terms:
ReSolred, That the House protests that
the counting of the vote of Georgia By or
der of the EIcE-PgEsIDENT pro tenn.
was gross act Of oppression, and M inya-
sion OF the rights and privileges OF the
House.
The SPEAKER decided that the resolu
ton was . question Of privilege.
The SPEAKER then said On account OF
the lateuc4s Of the hour the CHAIR desires
to Progress with the business; and ii there
be no objection, the CHAIR will now make
A brief statement in reference to tac ques-
ton. The CHAIR desires to submit the
history Of the rule, the apparent contictlon
which has produced the excitement in the
Joint convention Of the two Houses. By the
Constitution Of the United States the Presi
dent of the Senate presides over the joint
convention TO count the electoral votes Tor
President and EiCe-Presdent. The Con5tl
tuition proceeds no further than to say that
the votes shall be presented by him and
counted, and that the person who receives
majority Of votes for President shall be
declared elected President and 20 also for
~ - r,b - pnlr
1865, the two Houses Of Congress adopted
the twcnty-sccond joint rule, in order, az
far AZ possible, to prevent scenes like these
which have occurred in the recent Joint
convention.
The SPEAKER here read the rule, and
| continued
Ii this rule had stood alone it would
have followed inevitably that II any oblec-
| ton were made TO the counting OF the vote
| from any State the two Houses should meet
| in their respective chambers and, without
| debate, decide the question. few days
! since, however, the same body which en-
| acted this Joint rule saw fit to enact an
| other concurrent resolution, covering the
! ground covered by the twenty second rule.
| 1t was adopted in both branches with direct
reference to the twenty second JOINT rule,
and the CmAIG supposes, though not him
self lawyer, that it is one OF the funda-
mental principles Of Jurisprudence that
when there are two statutes bearing upon
any question which are impossible to be
reconciled, the latter statute must have the
prevailing force. If both can be recon-
ciled they may both stand. The same body
which enacted the twenty -second joint rule
adopted by yeas and nays in both branches
concurrent resolution, the preamble to
! b,y ham nvarlnnkai in rho failing