The national Republican., 1869-02-11

opposed to each other. Think oft moment,
yentlemeni Suppose at the next election
he House OF Heprescntativcsis one way and
he Senate Is another, under that Joint rule,
Il II Is constitutional and operative, the \
House can say, "we will not have the
Democratic vote counted" and there Is an
end to Presidential elections. Now, then,
what did the Constitution meant Il meant |
that convention should come together Of |
The two Houses; that the House and Senate |
shouid meet In convention. What is meant |
by that conventioni II is claimed on the |
pnrt Of the Senate That that body sets In |
as an Independent body, and In |
reference to that claim (because they are, q |
small body, and would, by per capita vote, bo |
oyerthrown,) we have permitted heretofore |
by our rules that all questions shall be de-
termined In separate bodies, what Is clear to
The Speaker pro TEN. (interruptlng.) VIII
the gentleman suspend for moment until
order is restored. 49,. .....t.t..-t
Mr.. Butler, Of Mas. I am very sorry,
Mr.. Speaker, that I have to speak when
gentlemen have 90 little care TO hear me, but
still must do my duty whatever the result.
Mr.. Jones, Of KY. rise to a question Of
order.
The Speaker pro te.,. The gentleman
Will bthtt MS punt Of Ofuef.
Mr.. Jones, Of Ky. II 10 that this resolu-
tion Is not que Ition Of privilege, and that
every member Of the House would have q
right to discuss the question. I'D
The Speaker pro TEN. The Speaker has
already decided the resolution 10 be q ques-
tlon Of privilege, and II has been entertained
as such by the House. - ...l -
Mr.. Jones, Of Ky. The gentleman from
Mass. Is not arguing his question Of priv
ilege. 20 .0. 1919
The Speaker pro ten. The gentleman
from Mass. will proceed.
Mr.. spalding, OF Ohio. Is Il not In order
to go to business on the Speakers tablet
The Speaker pro tena. The gentleman from
Massachusetts, Is entitled to the floor and de-
cllncs to yield to any person. ...-
Mr.. Spalding, OF Ohio. suppose I can
take him of the floor as he did me the other
day, on motion to 60 to business on tho
Speakers table. - FL.
Mr.. Butler, of Mass. Yes, after the morn
Ing hour; but there has been no morning
hour to-day.
Mr.. Farnsworth, Of Ill. I want to have II
understood that there shall bo no further
business tonight. -
The Speaker pro ten. Docs the gentleman
from Massachusetts yield for motion OF
that sorti = ..rr' .. ..-
Mr.. Butler, of Mass. | have asked that
may not be interrupted. / decline to yield.
My friend from Illinois can leave the hall II
he does not wish TO hear me.
was about saying, Mr.. Speaker, when
was interrupted that this becomes question
OF great gravity. The Speaker has thought
that the action Of the Senate was right. Ad-
nit that for moment but what would have
happened II II had been wrong, as l believe
II TO have been; what redress had we Sup
posing he had declared, standing in that
place, Horatio Seymour, Of New York,
elected President ofthc United States against
our protest, as We did protest against the
declaration he made, he could have done It
Just as well as he did do what he has done,
and we should have been as powerless under
the Constitution as we are now, and nothing
left US but the sacred right Of revolution.
Excitement In the House, The same arbl-
trnry proceedings, the same crowding down
Of the representatives Of the people, the SHINE
Il don't like to use what might be unpar-
liamentary words) exercise Of arbitrary,
despotic and monarchlcal power which was
tried on the representatives Of the people to-
day could Just as well have declared Homtio
Seymour as President, and there could have
been no redress within the Constitution and
within the rule.
Now, suppose the Senate had gone into Its
chamber and had decided amer the votes of
New York and New Jersey had been counted
that no more States should be counted, and
having decided that, had ordered the Presi-
dent to take the stand, with the gavel In his
hand, and pound down everybody else until
he had declared Horatio Seymour to be the
President Of the United States, what would
have been the remedy From this moment
and under this precedent, unless the House
asserts Its privileges, from this moment,
say, your liberties and the liberties Of the
country are gone, and We are In the hands Of
an executive body, known as the Senate Of
the United States. / call attention to II, be-
cause ! saw an act of the Speaker which was
well intended, and Which l have no doubt
proceeded from his conviction of duty, and
which ! do not, therefore, particularly criti-
else. Suppose that when the President Of
the Senate hereafter shall make the declara-
tion that q Vice President was elected who
was not elected, and that Vice President
House, he could then order the Scrgeant-at-
Arms to stifc the voice Of the people in
order to secure his own election. [Sensa-
ton. ...T.
Speaker Colfax (who was occupying a
members desk) arose and asked whether
the gentleman from Massachusetts, desired q
reply.
ment. am only putting question. | do
I stated that the Speaker did exactly what he
thought to be his duty, aud l don't think he
was Influenced ono hair, because he could
not doubt that he was the choice OF the peo-
pie, and that under no circumstances would
the people permit that choice of theirs to be
overthrown; and, therefore, he had not a
single personal thought In 1t, and why
don't allow him to reply is, that would not
wish to seem to have thought for moment
| hat ntN ht n.,.
II to his own good sense (and would rather
argue to that than to any other power on
earth) this question: Suppose we had man
In the Speakers chair who was doubtful
whether he had been elected by the voice OF
the people, he could, by the power Of the gen.
d'drmeS of the House, by the constabuiary
Of the House, choke the voice of the people
through the representatives, and allow the
President of the Senate to declare that he
was elected Vice President Of the United
States. am speaking OF a supposed case
have no doubt the Speaker thought h,
was right in doing what he did, and / cal
his attention to the fact that tho moment h,
made that decision, which was decision
within his power to make, and O decision
within the propriety Of his position to make
from that moment took my seat, and die
not interfere further with the proceedings
because yielded to his authority as hav,
Always uOno, ana US always nope TO DO
But am only showing the necessity thai
there Is that this House shall assert Its priyi
leges for the safety Of the nation, and fol
the liberties Of the people. Now let us com,
directly to what was done. The House ant
Senate passed q joint rule-the 22d rule
Having passed that joint rule there wal
thought TO be necessity on the part of thu
Senate and House that the vote Of Georgia
should not be counted, because Of her wan
of capacity as State. That being put IL
the preamble 1t was agreed that for that rea
son the vote Of Georgia should not b,
counted except In given way. think tn,
whole thing unparliamentary. / think tn,
whole thing unconstitutional. ! think tha
concurrent resolution had no more force o.
effect than the blank paper on which It wal
written. ] cannot but recollect that II wa
put through the Senate without debate.
cannot but recollect that II was put through
this House at night, without single wor,
of debate, under a suspension of the rules
and without anybody knowing what 1t was
Mr.. Eldridge, Of Wis. And with n larg
portion Of the members absent-one hundred
and seventeen absent.
Mr.. Butler, Of Mass. Yes,with almost hal
Of the House absent. Now, under those cir
oumstances, ask what happened7 W.
came into this convention and proceeded, II