New-York tribune., 1875-01-23
XLIIID CONGRESS- SESSION

REGULAR REPORT OF PROCEEDINGS
FOREIGN COMMERCE AND TREATY STIPUIA1iONS-
PrsoHBACK's CREDENTIALS pREsENTED-MoR-
TONS BILL on EIECrIsG PRESIDENT BY PoPU-
LAR voTR-sCuUKz's INQUIRY INTO LOUISIANA
NTERrKRENCE.
SENATE. WASHINGTON. Jan. 30 1875.
Mr.. SCorr (Rep, PENN presented petition
from tho citizens Of State against the restoration OF
duty on tea aud sose for the repeal OF the law OF
1871 relieving foreign products OF 10 per cent YAK no
ferred 10 the Committee on Finance
COMMERCE. As A sUBSECr FOR TREATY STIPULATION
Mr. EDMUNDs Qsep., Wy presented the Joint resolu-
cn OF tho Vermont against the ratification
of tho proposed Canadian Reciprocity Treaty, anu OK
pressing the opinion that tho subject OF trace ana oom
msrcIa intercourse with Canada or any other foreign
nation Is matter for treaty sp uation Referred
to the Committee Foreign Relations In presenting
tho resolution Mr Eimunds said while he most cheer-
fully obeyed the Instructions OF tho Legislature OF
Vermont, he thought that body mistaken In assert
ing that the subject OF trade and commercial
with foreign countries was not matter for
treaty stipulation He sorry to differ from the Log
isature Of his State for tho mombers OF which, indvd
uay and collectively he had the highest respeot he
the Clerks desk and had read message sent 10
Congress by Gen. Washington In support OF ms yiews
February 1876 the question again arose DetWeen tno
two Houses Of Congress- and won't to Conferences Oom
mttee. Tho report Of which he read He thst
Mr.. Choate In 1874, reported from the Committee on
stated by him, and on another occasion nj: Ms;
ChieEJustioo Marshall in the Supreme Court Of the
United decided that the Senate and President bad
argued that 1t was clear to him the power OF making
treaties vested In the Senate and President tne
Constitution To say that they had not tho power to
make any treaty upon the subject Of commercial inter
to say that which the Constitution aa nos
ratified treaty. 1t binding upon the nation though
the other House of Congress might be called upon to
carry out its provisions by suitable legislation;
MI MORRILL, (Rep., ytJ said he would undertake to
show when this matter for consideration. that
8 OF the Constitution provides that Congress shall
have power TO regulate commerce between nations &c.
and 1t was not In the power OF the Senate to raty
treaty which might compel either the raising or lower
ing OF tariff He thought the State Of Vermont right
on the ground which 1t had taken.
PINCHBACKs CREDENTIALS.
Mr. WEST Csep, La) presented the credentials OF P.
r. A. Ppchback as Senator elect from that State for
term expiring March 1879, and they read st the
Clerks desk.
Mr. SHERMAN (Rep.. Ohio moved that the creden-
tials and all accompanying papers be referred to the
Committee on Privileges and Elections
Mr THURMAN Dem, Ohio said he wished to know
tho scope OF that motion What purported TO De the
credentials OF this person two were referred
tOIthe Committee on Privileges and Elecflons and re-
ported back TO the Senate. Subsequently they were re-
committed to the Committee at the request of the soma
tor from Indiana (Mr. M0rtonl.
Mr. SHERMAN SAID it would be impossible for the
Committee mako examination OF all the facts In
the unless they had all tho paper. His motion to
refer was agreed TO-
EIECT1NG PRESIDENT BY POPULAR VOTE
The morning hour having expired tho Senate re-
sumed consideration OF the resolution from the Commit
tee on Privileges md Elections proposing an amend
ment to Constitution in regard to the election Of
President and Vice President.
40 thoroughly discussed in the elaborate report OF the
Chairman tho Committee that nothing remained 10 be
d OF eS oos
change Nor ana on tho Who'll 70
DO considered, did there appear better
mode reform than the one proposed He agreed with
the conclusion OF the report though fully with some
OF Its reasoning He apprehended no danger in the
election of President 10 the last resort IN the mode IN
which the Constitution provides the mode whion the
people ordained the mode to which every state ha.
solemny assoned and which has been twice tried and
the President thereby elected has exercised undisputed
ali the authority Of his office There we're reasons sur
dcient for the change proposed There s,,Nsa, wa,
supposng which could only from the in,ub-
election illegally frauuenty forced through the House
OF Representatives might endanger the STABILITY OF the
was 0s as in an waV
might produce that result In either case the dssats'
tuition but with the perverson the violation OF those
provisions. In the case OF James X Polk, who was
sscss bV the Naturalization frauds OF NewYork and
by lie Plaquemine frauds IN louisiana. the people sub
%,d'01 and because s'' ali the form. Of law had
been complied with and, moreover although
ought to have been returned for him. 1t undenia
bic that difference IN the legal votes OF the two can
had forced on the people agans the wisn Of tho
great majority. In the case OF John Quincy Adams,
not susmitinS to the election by the House OF Repre-
senaves there was never any real danger to the pub
tranquility, and the talk was not against the constl
uona mode OF the election but against the agencies
by which 1t was alleged to have been accomplished
OF indiyiduaI selection without Infringing upon the
rights already secured to the States He argued that
however small in great States and dlsfrsnohised the
minority however near rose toward the majority By
nsas ssaay ana win
Candidate saDS Mr. Anthony them '' revswed sRG the
working Of the Electoral College for the last years
Important change, which clearly for the general
good. Further consideration OF the resolution then
sumed the consideration OF the resolution submitted by
Mr. Schurz, instructing the Judiciary Committee to
secure TO the people OF Louisiana the right OF segov
ernment under the Constitution.
moor said he did regret that little time had
elapsed question last discussed here. as
ect could not be discussed here fairly and calmly,
where could 1t be- He then referred to the organiza
ton OF the Legislature in Louisiana the 9Th nst and
said OF the iO members present Republicans and
50 Democrats The conduct of wtz was a bold and
daring assumption, and any member would have been
ustied In going up the Speakers char and tearing
him from seat He quoted from the report OF Messrs
Foster Phelps, and Potter, and said 1t showed WIFI
had violated AL law as well as the Constitution OF
Louisiana The Senators on the Democratic side OF the
Chamber had not uttered word OF condemnation OF
the course OF Witt while denouncing that Of Gen. Sher
idan and Gen Grant.
Mr.. BAYARD Dem, DELI said the question before
the Senate not whether the conduct OF Wiliz was
regular irregular, but that it was not within the
province OF the President OF the United states To inter
fere IN the organization OF State Legislatures
Mr.. SHERMAN, resumng, said This act OF usurpa-
ton on part of Wtz crime was more dangerous
In its sequences than the murder OF hundred or
thousand men liz was the first time in the history OF
the country where the minority had usurped the rights
OF the majority ia this manner. The signal gun OF all
this trouble was the usurpation OF Witt But for his
conduct there never would have been any interference
by the Federal power In the Louisiana Legislature
Mr.. SCHURZ (Lib. Rep, Mo- said II the Senator was
willing take the report OF the House subcommittee
vhich ysited a then he must admit