The New York herald., 1869-02-12

vigorously opposed by Messrs. Morton and Hen
dricss, and without acting upon 1t the Senate at ten
minutes past ten O'Clock, adjourned.
HOUSE OF REPRESENTATIVES.
WASHINGTON, Feb. II, 1863.
COMMITTEE 10 WAIT ON THE PRESIDENT ELECT.
The SPEAKER stated the first business in order to
be the question OF privilege pending the adjourn
ment last evening being the resolution offered by
Mr.. Butler, Of Massachusetts, protesting that the
counting OF the vote OF Georgia. by the order OF the
Vice President, was gross act of oppression and
an invasion Of the rights and privileges Of the
House. The Speaker stated that he had asked MIR.
Dawes. OF Massachusetts,, to preside during the dis
cusson OF tine question OF privilege. The Chair had
decided that the resolution presented question Of
privilege. and had subsequently, on the noor, ex-
pressed the opinion that in fact right privilege
that it would not be proper for him TO nresde and
he had asked Mr. Dawes 20 do SO. Before leaving
lhe chair he would ask the House to authorize the
speaker pro te7lpore to appoint the committee on
the part OF the House to wait upon the President
and Vice President elect and notify them ofclaly Of
Mr.. BUTLER, trep) OF Mass.-As this thing must be
discussed at length and as time is pressing sug-
gest 70 the House, although have no preference
myself, that after the remarks OF the gentleman
nom Ohio tMr. Shellabarger), who Is TO oppose the
resolutions the resolutions shall be referred to
lect committee and the report Of that committee
q full discussion can be had.
No understanding on that point was arrived at,
The SPEAKER pro tenn. appointed Messrs Wilson,
OF Iowa, and Pruyn, OF New York, to walt on the
rresaenI ~ ana vice President elect and notify them
DEBATE MR.. BurLER's RESOLUTION OF cExsuRE.
address the House in oppostion TO- the resouon 10
onered oy MI. Butler. He prefaced his remarks by
ssccordng s most sincerely and fully to the gentleman
hat desire larry and properly TO dispose Of the TIM
%er rs Mas % SS
f2en into doubt and trouble about matter so new,
80 underlined, and upon which they were so unaded
by precedent. Mr.. Shellabarger proceeded to quote
the several commentaries on the constitution which
had any bearing on the question, and summed up
Chancellor Kent were right and II the President OF
the Senate had the power TO do the counting,
attempting in any way to control that count except
20 see that IL was honest.
Mr. BuTLER-How are we to see thats
Mr. OBSERVATION-DISCLOSURES gentleman must 10 for
his answer TO Justice Story, who regrets that the
constitution had not made detailed provision for
the case. The gentleman cannot defeat the argu-
ment by showing that there may be defects or
cIsus oinissss found In the constitution. II it be
NOT the President OF the Senate who does the count
but the two houses In joint convention, then i ask
what privileges Of the House have been invaded by
the refusal Of the President OF the senate to reco-
nize the separate vote OF the House OF Representa-
tives, which separate vote IL had no authority TO
solution in reference to the electoral vote or Georgia
was not unconstitutional. and that 1t was copied
from similar concurrent resolution adopted at the
Ar. ThoMAs, irep.I OF Nd, related how thirty-two
years ago he had been teller TO the electoral
votes when Mr. Van Buren was elected; how DIM.
Guilty then existed In relation to the State OF Mchf-
gan, and now Mr. Clay, with his great foresight and
learning had anticipated and avoided the Difficulty
by preparing and having adopted concurrent reso.
luton similar 10 that under winch the joint conven-
ton acted yesterday.
Mr.. wooDwARD, ldem.) of Pa, expressed his regret
that the learned gentlemen from Ohio and Maryland
csnelabarver ana Thomas) had not bean present the
other nlght, when the concurrent resolution was
adopted. 10 make an argument against it
Mr. Mr.; saEILABaEaER said he was here and had
voted ior IT, and that his argument to-day was that
II was constitutional and proper.
MI THOMAS also corrected Mr.. Woodward in as-
sai,lng .aat ne Ar. Thomasl was opposed 10 the
Mr. EIDaIDoE ldern) OF Wis. ,havinr three minutes
aowsa niIn ae:,ared ms belief, that the concurrent
resolution and TIE twenty-second joint rule were
botn " tnem N contrayention OF the constitution.
e had raised that question OF order yesterday and
II had been sustained all the difficulties in which
the House and the Convention were Involved yea
terday would have been avoided. The constitution
provided expressly that the President OF the senate
should count the electoral votes In the presence of
fne House and the Senate. He said IL was his duty
therefore. simply 70 open and count the votes; and
Iner concurrent resolution W&s, In his Judgment an
utter nullIfy
Mr. BlsGaAm. trep.) OF Onio, said he agreed with
the gentleman from Massachusetts (Mr. Butler) that
TINS was very important question: He thought that
tne resolution OF eensure was proposition that the
meinDers OF the House should soiemniy by vote de-
clare themselves violators OF the law under their
oath. y Was controlling principle with him that
rhesncr sausneu with law or not he was bound
10 obey H. The concurrent resolut, on under which
ne Joint convention had acted yeste rday was obli-
VI .c presloing otncer or the Senate and nc
Mouia te the gentleman from Massachusetts, that IL
was TOO late for him to come with hls ddJcaptdfl-
uudt speeches and arraign the con stitufion OF
,ae country and It's makers and builders.
.nr,csr was y, ~, sne business Of the presiding
what he aid do, and bow with res1ect n afore the
sequrehehts OF the concurrent resolution: and yet
tue gentleman kr. Butler) came before thu, House
Wiz nls tes9iut'on and asked the House 70 pass it
or refer u. lie orr BIngnam) would ASK the House
70 pass on the question, because he coud NM as a
Iepresenalse of the people, consent that mr.. posi-
toB o tnat sort should by intendmept fnee ms
appfopation; Inc resolution offered by the ger tie.
man nom MASSACHUSETTS was confradicted bvl me
written record That record was made nm n; n he
very iefier and spirit OF the Concurrent
and DOW the continued) comes this gentleman aek.
ing THIS House 20 stuty ITSELF TO say 10 the coun
Try In TACT tnat the people must 10 use the gentle.
mans own words) have recourse 10 the ascred rsrh,
OF Tcrouton.p Sir, the right or revolution Il nevnr
eacfed save when exercised In vndicafion OF rigbt
and an redress OF wrong. the sacred rRhs OF revo
luton Is invoked here Tor the purpose Of violating
Mr. BUTLER-win the gentleman allow mef
Mr. BfN0HAN--No, sir.
Mr. BUTLER-I only want to say that you are not
using my words La the connection that used them
IN
Mr.. BNoHAN--The geufleman's remarks DO not
,poar In the Gl0be this morning but nnd the gen.
N smans speech reported By the of1cal represents.
tiy e. of the press Of the country am glad that the
gen 1eEnan takes back his words
Mr. BuTfER--I take back nothing.
Mr.. tINGrAM--1hen ask the House TO compel you
10 take BACK your revolutionary resolution. That In
someh uE that the gentleman cannot retract, and
denouncs mere today, before the House and before
NC people o I've country, as being as unwarrHnfed
nB any act " secession. demon nee, as q represen
tGuve OF tn1 people, TINS attempt TO iuaugurate
fct0ut0D oD Tie noVr Of ths House. Will oppose
tRe reference ~ me resolution Ss seeming 10
commit The house 10 some sort 70 y challenge OF