The national Republican., 1869-02-11

Inc speaker overruled the question OF or |
der, stating that the House Of Representa-
tiyes has hight to adopt any rules II may |
think proper. But he said he desired TO |
mako statement In reference to the matter |
which had caused so much confusion and |
excitement during the sitting Of the Joint |
convention.
Mr.. Cullom, Of nl., demanded that before
the Speaker should proceed the Hobbies Of
the House should be cleared.
The Speaker directed that persons who
were not privileged should retire from the
floor.
The Speaker then said, on account Of the
lnteness Of the hour, the Chair desires to
progress with the business, and II there be
no objection, the Chair will now make q
brief statement In reference TO the question.
The Chair desires TO submit the history OF
the rule-the apparent conflict In which has
produced the excitement in the Joint con-
yentlon Of the two Houses. By the Constl-
tuition Of the United States, the President Of
the Senate presides over the Joint conyen-
tion to count the electoral votes for Presi-
dent and Vice President. The Constitution
proceeds no further than to say that the
votes shall be presented by him and counted,
and that the person who receives amajority
Of votes for President shall be declared
elected President, and so also for Vice Presi-
dent. On the 9th Of February, 1865, the two
Houses of Congress adopted the ed joint
rule, In order as far as possible to prevent
scenes like those which have occurred from
occurring In the Joint convention.
The Speaker here read the rule and con-
tinued If this rule had stood alone 1t would
have followed inevitably that II any objec-
tlon were made to the counting Of the vote
from any State the two Houses should meet
In their respective Chambers, aud without
debate decide the question. A few days
since, however, the same body which enacted
this Joint rule saw at to enact another con-
| current resolution covering the ground COW
cred by the twenty-sccond rule, II was
adopted In both branches with direct refer
ence to the twenty-second rule, and the
Chair supposes, though not himself law
yer, that Il is one of the fundamental prin-
ciples OF Jurisprudence that when there are
two statutes bearing upon any question
which II is impossible to be reconciled, the
latter statute must have the prevailing force.
If both can be rcconclled they may both
stand. The same body which enacted the
twenty-second Joint rule, adopted by yeas
and nays In both branches concurrent res
olution, the preamble to which has been
overlooked In the feeling that has grown up
In this Joint convention. In the opinion Of
| the Speaker this concurrent resolution took
the subject Of the vote OF Georgin out of the
| twenty-sccond rule, aud the Chair thinks II
was so intended TO be taken out. The pre-
amble reads as follows:
| "Whereas the question whether the State
Of Georgia has become and Is entitled to
is now pending and undetermined" &C.;
| therefore
"Resolvcd By The Senate, (the House Of Rep
resentatives concurrlng,) That on the assem-
bling Of the two Houses on the Cd Wednes-
| day In February, 1869, for the counting OF
the electoral votes for President and Vice
President as provided by law and the Joint
rules, II the counting or emitting TO count
the electoral votes Of any State that may be
presented, as OF the State Of Georgla, shall
essentially change the result, In that case
they shall be reported by tho President Of
the Senate In the following manner; "Were
the votes II presented, as of the State OF
Georgia, to be counted the result would be
- votes for President, &c. If not counted
they would be - votes for President, &c.
But In either case - Is elected President
Of the United States; and In the same man
ner for Vice President"
| This concurrent resolution, adopted by the
same legal authority that adopted the Joint
rule, declares in this preamble that II is fact
apparent to Congress that there is grave
question rs to whether the State of Georgia
is entitled to representation, that that ques-
tion Is undetermined, and that, therefore,
when the two Houses shall assemble, as pro-
vded by law and the joint rules, they shall
do so and so. The language is imperative
that In that case the vote shall be reported
In the manner prescribed. The President OF
the Senate has complied with the rule which
the two Houses have legislated for him, and,
in the opinion Of the Chair, he would have
been subject to the censure Of the two Houses
had he not compiled with the law which
those bodies, his superiors, laid down for him
as his guide In the convention. The Chair
entertained the objection Of the gentleman
from Massachusetts, because the Senate had
retired on the ruling Of its own President,
but the Chair thinks that In the subsequent
part OF the proceedings of the joint convcn-
tion the President Of the Senate exactly com.
piled with what his oath and duty required
OF him.
| Mr.. Butler, of Mass, addressed the
Speaker.
Mr.. spalding, Of Ohio, asked the gentle.
man from Massachusetts, to give way for a
motion 10 adjourn.
Mr.. Butler, Of Mass. Oh, NO now is tho
time to settle great question like this.
Mr.. Spaldlng, Of Ohio. / move that the
House now adjourn.
The Speaker. The gentleman from Mas
sachusetts Is entitled to the floor.
Mr.. Butler, Of Mass. The question pro
pounded by the resolution Is:
ReSolUed, That the House protests that tn,
count Of the vote OF Georgia, by the ordc
Of the Vice President pro tenn, was a gros
act of oppression and an invasion of tht
: rights and privileges Of the House.
Mr.. Farnsworth, Of Ill. rise to ques
: tlon Of order. desire to know whether /
is not In the power Of the House to odetermin,
whether that resolution shall be entertained
or not, as a question Of privilege.
The Speaker. 1t would be If the Chai
!, had submitted 1t to the House; but the Chai
7 has decided to receive 1t as question o
privilege.
Mr.. Eldridge, of Wis. Is 1t in order Il
move that the House will not receive 1t as
question Of priyilegei
Mr.. Farnsworth, OF Ill. appeal from tn
decision Of the Chair.
The Speaker. The Chair declines to enter
tain the appeal, because point of order
when once decided, cannot be renewed.
Mr.. Farnsworth, Of Ill. / withheld m
point Of order because the Chair desired t
a make q statement.
I, Mr.. Butler, of Mass. will now ask tn
privilege Of proceeding few moments with
out interruption. The point now before u
y y Is, perhaps, US grave one as ever came be
u fore usi Is, perhaps, Us grave q one as eve
came before any Legislative body for settle
ment; and whatever may have been done un
der what we deem gross invasion Of on
privileges, the natural and ordinary hea
). arising from such oppression everywhere Il
9 the American bosom, yet trust that the fe,
= minutes after the deed has been done ar
sufficient to allow us to bring our mind
! calmly, clearly and dispassonately to sc
c exactly the merits of the question. And al
l. low me to premise here that think the rcsC
luton outside Of the remarks Of the Speaker
II Even If the Vice President was right in don
what he did, yet the manner In which II wa
done, without hearing, without appeal
c without redress, II he were doing wrong, Is
gross outrage on the rights and privileges O
s the House.
Now, Mr.. Speaker, let us see exactly whor
c we stand. The Constitution of the Unite
States says that the President of the Senate
a In joint convention, shall count all the vote
u Of the States, and II Is as impossible for thi
J. House or the Senate, either conjolntly O
l. separately, In concurrence or otherwise, /
c stop the operation of that constitutional eT
actment, as II Is to turn back the sun In II
Il course, for, as you will sec, we stand In thl
position. II the House and Senate, by join
y action beforehand, can determine what vote
Il shall be counted and what votes shall not b
l. counted, then the House and Senate can d,
termine who Is and who Is not elected-wh
N