The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1869-02-12
MOUsE. w AsHINeroN. Zen. u

Butler moved that after Shellabarger hat
concluded his remarks IN opposition TO hi
tkntiar11 resolutions protesting agalns
eonnttng the vote Of Georgia. the resolu
lions be referred to a Select Committee
ana That ia the report of such COMMITTEES
Inll discussion be had.
No understanding being arrived at
Dawes took the Char.
wilson, OF Iowa, and Pruyn wer. ap
po1nted committee To inform the Presl
dent and Vice President of their election
sheliabaTger then opposed Butler's resO
siaeIfabarger prepaT ed his remarks by
according most sincerely to the gentleman
from Massachusetts that in the integrity ol
purpose and in the desire freely and
properly to dispose OF the Important mat
ter before the House which he claimed
40r himself, IL was nOtwonderfnl thai they
mad fallen into donbb and trouble about a
matter so new, so underlined, and which
they were so unaided by precedent.
Sheliaba4ger proceeded to quote the sew
eral commentaries on the Constitution
which had any bearing on the question
and summed up the application OF his
quotations by saying that If Chandler and
Kent were right, and if the President OF
the Senate had the power to do the count
ing. then clearly the House was invading
his rights in attempting to control that
count, except to see mat it was honest.
ButIer-EOW are we TO see that?
SheIlaDerger - The gentleman must go
for his answer to Justice Storey, who re-
grets that the Constitution had not made
detailed provision for the case. TIE
gentleman cannot defeat the argument by
6nOWluS tuttb tnSIG may De 0elCCbS IN the
Constitution. II IL be not the President
OF the Senate who does the counting when
the two Houses are In joint session, then
ask what privileges or the House have
been violated by the refusal of she Presi-
dent of the Senate to require the separate
vote OF the House. which separate vote IL
had no authority 20 give !? He went on to
argue that the concurrent resolution in
reference to the electoral vote or Georgia
was not unconsti titutionai, and that ft was
copied from a similar concurrent feSOiu-
ton adopted at the time of the election OF
President Monroe.
Thomas related how, 81 years ago, he had
been teller to count votes when Van
buren was elected aud now difficulty
then existed in retation to the state of
Michigan, and how Clay, with his great
and avoided the difficulty by preparing
and having adopted a concurrent resOlu-
tIon similar to hat Under which the Joint
Convention acted yesterday.
Wood ward expressed his regret that the
learned gentlemen from Ohio and Mary.
land (Shellabarger and Thomas) had n
been present the other night when the
concurrent resolution vas adopted, and
made an argument against It.
Shellabarger said he was here, and had
voted for 1t, anu that his argument~wsls
thatsft was constitutional and proper. 81
Thomas also corrected Woodward IN as
kumIng that he CThomas) was opposed to
the concurrent resolution, and argued that
there was no analogy In the cases of Mis-
souri, and Michigan, as cited by ShellabAr-
ger and himself. The case of Georgia was
State OF the Union, having Representa-
tives on the floor OF the House. 1t was not
the question was as to its admissi IN as a
State, and whether it was fully qualified.
The presiding officer yesterday did what
rcldridge declared his belief that the con-
current resolution and the I'D Joint rule
were, both of them, in contravention of the
He had raised that question
Of order yesterday, aud IL IL had been sus-
tained. all the dlfficulties In which the
House and convention were involved yes
terday would have been avoided. The
Constitution provided expressly that the
President OF the Senate should count the
electoral votes In the presence Cfthe House
and senate. He said il was his duty,
therefore, sim ply TO open and count the
votes, and their cOncurre at resolution was,
in his Judgment, anlutter nuilify.
Bingham thought the resolution of CEN
sure was II proposition that members of
the House should solennly declare them
1t was a controlling principle with him
that. whether satisfied with q law or not
he was bound TO obey It,. The Concurrent
officer of the senate. and 1t was his duty
10 do exactly what he did. TIE gentleman
from Massachusetts asks the House to
stulttfy itself to say. in fact, that the
people must, in his own words, have re
G purse to { he sacred right of revolution "
The right OF revolution IL never sacred
save when exercised In ivindlcatIon of n
right or redress OF "a wrong. The sacred
right OF revolution Is here invoked for the
.Butler-Will the gentleman allow me-
Bingham SIr. --r
Butler only want 10 say that You are
not using my words In the connection
that uss them.
Bingham The gentIeman's remarks do
not appear In he Globe this morning but
i find the gentleman's speech reported by
the official reporters of the press of the
country. 1 am glad the gentleman takes
back his words.
MButler-I take back nothing.
II
pei you to take back your revolutionary
resolu ion, but tnat is something that he
eaBnot retract, and l denounce IL before
the House and before the people of the
country, as being as unwarranted as any
act of secession. / denounce, as a Repre-
sentative OF the people, this attempt to in
augurate a revolution ON the floor OF This
House, and will oppose any reference of
resolution assuming to commit the
House In some sort of "A challenge of your
own law. How would it look for Hs to
refer another resolution, suggested by the
speeeh of the gentleman (ButIer1 "and
that Is what the House should be author
iZed to - to use the gentIeman's Ian
guage, il the Senate did not retire from
the Joint Convention . kick il out" The
gentleman from Massachusetts should be
the captain in the kicking operation.
ILaughter.l l think the gentleman cannot
again say his speech in that behaff, which
brought down the galleries, aud split the
ears OF the gr0undnngs. and 1t illustrated
the animus OF his resolution of revoiu-
ton, which L denounce as II resolution OF
anarchy. The idea of the House OF Rep
resentattveS kicking the Senate of the
United States About that time YOU viii
have kicked the lawn ak ing power out of
existence; you Will have proved your
selves greater architects OF tue country's 's
ruin than the millions OF men, who. for
folr years Waged war on your sConstitu-
tion and laws. drenchings your land with
blood, and bridging all over with graves.
Butler-I always did ike that speech OF
Binghams. Laughter.
Bingham not hearing the remark, went
on to say IL was the sworn duty OF The
whether he approved it or not. aud for do
ing SO this House is to censure him and
charge him with opprss ion of the IIou g
and IN aston OF its rights. Mr.. Speaker, it
will be q sad day for Americans when ii
goes out to the country that The House of
Representatives denounees commission
obligation of his oath for Obeyfng the law
even in the presence of a mob which
would disgrace anv assembly of men that
ever convened on the face of Gods earth.
/ honor that gallant old mau (meaning
Senator Wade) for standing in his place
aha ssylng, ~ %naI WI, VIII
stood there without anger, without pas
sion, demanding that tellers, required
by the concur ent resolution, should an
nounce the result not contrary to law,
but in accordance with the express condi-
tfon of Ben Wade-he had never done
any act but that act entitled him to
the respect and consideration of his
countrymen, ami If he had fallen amid
the cIamoP and tumult which the gentle
man raised, 1t mignt be written on his
grave" tell those who survive me, that
lie there in ohedience to your law and the
clamor of your mob" Sir, denounce the
gentleman's proposition of anarchy, that
anarchy which has no hearG and cannot
feel, but in its frenzy and madness
trampleS down law and order, trample
childhood and youth, and defenceless Wo-
manhood and vigorous manhood, which
in its fury and madness puts out light, and
scatters the sweet voices of home. 1 ask
the Representatives of the people to put
their seal of condemnation upon it, aud
put the thing on the table, there to rot.
Schenck gaids L am not disposed to be
sedaced by my colleague, Bingham. by any
mere denunciation from any source from
asserting wnatI believe in reference to the
manner IN which the Senate and d presidiug
officer of the senate transcended the
limits which ought to have shut in the ac-
tion of the Senate in connection with the
House of Reps teSentattves yesterday.
Schenck proceeded 10 crit else and re-
ply to the legal anu constitutional argu-
| naanf2 Of his Enllnaane lShaIla haroarA- alld