The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1869-02-13

C. L
far pressed, | return assaultH in the wav
that did on one occasion when ! hoped
that had forever silcnced assaults by so
doing. | was once told on this floor that
voted ifty-seven times for jefferson Davis.
| returned that assault in such way that
thought the man who made it would never
| make another upon me. 1t has been the
rule of my life never to make one. Now as
to the defamation of this case. As to the
gentleman from Ohio Nr. BTNGHANI, who
made that splendid defamation about
anarchy, that splendid defamation about
"the gathered wis1om of thousand
years" about the million of men who had
she'd their blood, and with whose graves TIE
land was ridgcd, | must say that always
liked that speech. Eoars Of laughterD
As to the other gentleman from Ohio
| Mr.. GARFIELD, who has chosn to arraign
my motives, and to send me to the country
branded, in parliamentary language, as
being actuated with n spirit Of hell, have
| only to say, " out of the abundance Of the
heart the mouth speaketh." Laughter.
Now, Mr.. Speaker, | want attention to
the law Of this matter. The law is that the
Vice-President shall open the votes, and
| they shall be counted in the presence Of
the two Houses. suppose there is no bet
| ter rule Of law than that, where power
is expressly given to IN officer, and where
that power is limited, there is no more to
he given by intendmcnt. The Constitution
gives the power to the cePresident to
| open the electoral votes because he bas
them in his custody: and it stops there, and
then says they shall be counted. Counted
| where In the presence of the two Houses.
Why in the presence Of the two Houses
Ny friend from Ohio Mr.. SHELLAEARGEE
| says in order that they may be witnesses
| that it il done right. Exactly. But if it is
| done wrong. what are we to do And that
| is the question here. The FicePrcsident
! says he may do it as he plcases and
we cannot help it, whether he does it
| right or wrong. What use in our staying
! to he witnesses, if he can do it wrong
| Does the Constitution mean that? Is there
anybody, living or dead, who will under
| take to say that? What use in our staying
| here to witness the ceremony if we have no
| power, if We are inanimatc witnesses. voice
| less witnesses, poWerless witnesses And
| yet we are in such condition that the
SPEAKER tells us that the House is in full
vigor, with power even to arrest its MEM
| hers-the highest exercise Of power by the
House-and that the Senate is in full vigor,
| with it's Sergeant-at-Arms to arrest its own
members and vet we cannot interfere.
| Suppose that raise an objection when
| certificate is opened that the certificate Is
| forged "Oh, | cannot hear that" says
| the President. " Do you not sec the TWEEN
! ty-second rule, and do you not see the con-
current resolution ?" Are we to count that
vote without knowing anything more about
il? I said, and | repeat it, that | do not
| think that concurrent resolution worth the
paper it is written on. Why? For two rea-
sons First, it proposes to alter the consti-
tutional law. The law OF the Constitution
is that the vote Of each State shall be connt-
ed, and Tc have no right in any way to
| ahridge, alter, or amend that law. My
friends may say, Why, then, did you
vote that the State Of Georgia should not he
counted ?" Because hold that 1t was no
| vote: that it was not the expression Of the
will Of the people Of any State: that Geor-
| ria was not n Htate within the meaning Of
the Constitution, and that she had not voted
| according to the Constitution for | yield
to the argument Of the gentleman from
| Ohio that it is Just as necessary for the
electoral colleges TO assemble on the same
| day as il is for tie voters who elect them to
vote on the same day.
When We meet in joint convention we
| must have some means OF conducting our
| business. If the Senate does not choose 10
| leave they may keep us here always. DO
they ret any more rights because we give
| thcn the use Of our hall than they would
! have il they gave Il: the use OF theirs Can
we 90 into their hall and stick, or can they
come into our hall anl stick! Clearly not.
We are coordinate, ccGqual. No: take
that back, for there is no power that is
the equal Of the representatives OF the peo-
pie, assembled in their Legislative ca
pacity. There is no man who has greater
love, greater respect, or greater Yenera-
| ton for old Ben Wade than | have.
That man sitting there By himself, and of
himself, would never attempt 10 take away
the rights of this House or of any human
being. But it was because he was acting
under pernicous resolution which was
psssed-how, parliamentary courtesy Will
not allow me TO say-that he acted as he
did. Do you know that today the Senate
of the United States has entertained rceo-
luton to ccnsure one of your members Tor
what was done here yesterdayt | think
they will have good time in doing il.
Laughter.
Mr.. FARNSWORTH: Is that any worse
than for the House of Representatives 10
entertain resolution TO censure the Sc
nate s.@
Mr.. BUTLER: am by no means CEN
| suring- the Senate. | am censurlng the &C
ton that was done here. do not care who
did it. | only say that do not believe
| Mr.. WADE did il. He was the mOuthplece
of somebody. Parliamentary courtesy for
bids me saying who, and would not say
| it. Now, ] want to call attention 10 the re
solutions which have modified and sent 10
the Chair, and ! ask that they may be read.
The resolutions were read as follows
Resolred, That the House protests against
the manner of procedure and the order OF
the President Of the Senate pro tenn, IN
presence of the two Houses, in counting
The vote of Georgia in obedience to the
order of the Senate only, and against his
acts dissolviDg the convention Of the two
Houses at his own will, as an Invasion of
the rights and privileges OF this House.
Resolved, That the above resolution be,
and hereby is, referred TO select commit
tee Of five, with leave TO report at any time,
and to report by bill or otherwise.
Mr.. BUTLER concluded az follows: If
this committee can devise Legislation which
shall save the country from revolution III
its hour Of future peril, then shall nave
deserved well, III my own conscience anu
my own breast, whatever mccd OF praise or
disprase may be accorded me by others,
and there will have arisen out Of the spirit
of hell a great good.
- u nSrn, Nh ECnsrMn