New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-12

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nseeny which took place here to-day, Offer the
/ following re6OiutlOhs' 49,
;rsa Ts, @ y @ S.l lief Of the House end senate
Rsosd resolutions pending hereby referred
isf ssHEILXBGRGtR took the MOOR Gpor al :"
Mr. sneaker CDLFAX, from a seat which be occupied
on the hoorWill i" gentleman from OHIO yield to mel
! Mr.. sHELLABARGER-Yes
Mr.. COLFAX-I acknowledge Mr.. Speaker. my sur
prise when referred to directly by the gentlemaD from
Massachusetts in what he prupounded Hypothetical
Ing at tic moment he declined to grant it.
Mr. BUTIER-I gave the reasons for my declining.
Mr. COLFAh-There are various ways Of attackinga
person: sometimes by charge direct; sometimes with
charging him what he may do in the future, and the
gentleman froa Massachusetts Is master OF both methods
II he did not the remarks which he made (Which he
viii read tomorrow IN The Globe allude alphabetically
may be guilty OF on future day when IN sitting the
Char as Vce-Presldent for the counting OF the next
elect oral votes, then do not understand language
Mr. BUTLER-On the contrary. sir.
Mr COLFAN-I yield to the gentleman although he
declined to yield 70 me Laughter and applause
Mr. BUTLER-I told the Speaker did not refer to him
tora votes are being counted might be the candidate
Vice PRESIDENT aud did not have the gentleman my
Mr. COLFAX-I accept the explanation OF the gentle
man from Massachusetts,. am glad TO mud that was
mistaken, although was listening carefully to his Ian
guage and his SMILES There IS question here between
the TWO Houses aud AS one who is to leave this House
perhaps forever desire 10 address words OF warning To
my fellow members 10 avoid as iar as possible conflict
between the branches to which intrusted by the
Constitution the legislative powers of the Government
II IL Is apparent That duties have been performed
n conformity to Nv law standing ON the statute
thio House. or any member of It, choose to go
down to all coming generations az unustY cOndemning
an act performed by coordinate branch OF Congress
TINS ease Is all ~ nutshell pne Sonstt9ton OIL Inc
snail count tile electoral votes, and shall declare the
result II there was no other rule than that the whole
nation would be in the hands Of the YcePresident We
saw that in 1885, when the question came
up as to the counting of tho electoral
votes OF Wisconsin where the electors had been delayed
by -snorm, and had met on day succeeding that
appointed by law recoect the scene very well, In the
old Han; Dat VIII not now tTcspass upon your time
by repeating IT, subsequently, IN 1861 four years ago
OF tho country and Of the fact that there were Several
States which not In judicial relations w1the Govern
ent ol 'lG Nniteu oooS, ~ mS ~ c'i 81 fhe
votes aud decided 10 adopt by joint rule aud pro-
VIDE TIM whenever we vote Oh my ota'o was Gspu ,
without debate aud decide upon IT, That gave
the question. 1t believed 1t constitutional /.
believe it wise. IL was oDs In the Constitu-
dent OF the Senate 1T to defiance Of his oath
aud duty. Congress could revise his action But subse
thought that the case Of Georgia was an
exception TO all other cases covered by the rule,
declared that Georgia was on different footing from
has referred 10 frequently II am not mistaken
tho gentleman from Massachusetts himself cast his vote
mied tho President OF Senate to the simple duty OF
opening his mouth and declaring that the state OF
Georgia were counted there would DO so many votes
given for President and Vice President and II the State
OF Georgia were not counted there would be so many
IN either such aud such persons were elected Presl
dent and Vlco-President.
After some further discussion the House adjourned
without taking vote on Mr.. Buffers resolution
WASHINGTON, Thursday, Feb II, 1869.
TheSPEAKER stated the first businessin order
10 be the question OF privilege pending at the adjourn
Butler Of Massachusetts, protesting that The counting OF
the vote OF Georgia. by the order OF the Nceresldent
WAS gross act Of oppression, and an invasion OF the
rights aud privileges Ofhe House The speaker stated
that he had asked sr Dawes OF Massac9nses TO preside
Chair had decided that the resolution presented ques
ton Of privilege ana hah suDssqenty on ts Moor eo ~
the House had been invaded He therefore felt that ~
would be proper for HIM 10 preside and he had asked
Mr. Dawes to do Before leaving the chair he would
ak House TO authorize the Speaker pro h"pOTt 70
UPON the President aud VcePresdent elect and notify
MI" Mr. RUTIER cp MassJ"As this thing must be dis
cnsed at length aud time is pressing suggest to the
House although have no preference myself that aIter
ptE'l fr 10 Select Committee and ON the report
of that Committee a fulldiscussion cambe had.
No understanding on that point was arrived at and
Tho SPEAKER pro lem appointed Mes7Ts. Wilson Qiep.,
Iowa. and Pruyn (Dem y. " 20 wait on the President
aud Yicerresdgn elect and notify thom Of their cleo
Sir. suEILABARGER Rep., Ohio proceeded to ad.
dres the House IN opposition to the resolution offered by
Mr. Butler. He prciaced his remarks ny according most
sincerely and fully to the gentleman from Massachusetts,
that integrity Of purpose ana tnat desire ly ad prop
ery 10 dispose Of the important matter before the House.
which he claimed for himself IL was not W0ndernl That
they had fallen into doubt and trouble about matter
new underlined, aud which they were 80 unalded 10y
precedent Mr. sheilabaIger proceeded TO quote inc
seyeral commentaries the Constitution which had any
bearing the question, aud summed up the application
right and the President OF o senate hhd me power 70
do tho counting, then clearly the House was invading MS
rights In attempting IN any way 10 control hat count eA
cent To see that 10 was honest
SIR BUTLER-IIow are We to soc that
Mr. sIEILABARGER-The gentleman must 90 for
his 10 Justice story, who regrets tbat the COns
tuition had not made detailed provision Tor tho case.
Tho gentleman cannot defeat the argument - sn1Wns
that there may be defects 6issS found IN tue
Constitution III II be not the President OF the senate
who does the count bat the two oaSesin oint eonIu
ton, then ask what privileges Oh inc House nave oecn
invaded by the refusal Of the President OF tho Senate To
recognize the separate vote Of the House OF Representa-
tves which separate vote II had no authority 20 give
lie went 10 argue that the concurrent resolution IN
reference TO tho electoral vote Of Georgia not uncon
suutonal and that 10 copied from similar concur
rent resolution adopted Mt the time OF the election VI
MIR THOMAS rep. Md related how, 80 years ago, he
had been teller to count the electoral vote when Mt
relation the State OF Michigan, and how Mr. Clay, win
his great foresight and learning, had anticipated aud
avoided the difficulty by preparing and having adopted
a concurrent resolution similar TO that under which tho
jout Convention acted yesterday.
Mr. ELDREDGE dem. Wls.l having three minutes al
lowed him. declared his belief that the concurrent reso
luton and the 2d Joint rule were both Of them In con
on Of order yesterday and If IL had been sustained all
the dieutcs IN which the House and the Convention
MIR BINGHAM tRep, Ohio said he agreed with the
gentleman from Massachusetts, lr Butle that TINS was
a very important question He thought that the rosOlu
ton OF proposition that the members OF the
House should soomny BY vote, decarothemselyes viola
tore OF the law under their oath IL was acOnrOlnR
principle with him, that whether satisfied with law or
not he was bound 10 obey IT, The concurrent resolution
under which the joint Convention had acted yesterday
obligatory tho presiding oeef OF the senate ahu
he would tell the gentleman from Massachusetts that
was too lato for him to como with his al cap
t,ndum speeches and TO arraign the Constitution
of thcs country and its makers and build
ers II was the business OF the presiding
officer Of the Convention yesterday To do oNacy wnat no
did do and with respect before tho requirements OF
tho concurrent resolutions, yet the gentleman lNir nut
le came before the House with his resolution ana asheu
the House TO pass refer IL. The resolution was
dcted by the written record That record was laup w
I'm the very letter and spirit OF the concurrent
e, ing rrnlleman nskInR thO