The daily gazette., 1876-12-18

as he said; but when motion was made
that it should not be counted he overruled
that motion. AS / remember-I have
not read the record for four or five years
he decided that the only thing in order
was to count the vote,and the vote was
counted.
Mr.. RANDOLPH. If the Senator
fran Indiana will read the record, he will
find that he is somewhat in error. The
vote was counted, and for the reasons as,
signed in the remarks made by the Pres-
dent of the Senate on that occasion. The
tellers had called it, stating, however.
when announcing the Fremont vote to be
ia, "including the five votes of Wiscon-
SIM" All that the President of the SEN
ato declared was that Mr.. Buchanan hay
ing received a majority of all the votes
cast, irrespective of Wisconsin, and of all
the votes, including Wisconsin, if you
please, was elected President of the Unit
ed States.
Mr.. President, this is in substance all
that there is on record as to the action of
the then President of the Senate touch
ing the Wisconsin case. | have gone overi
with some care because / felt that it wa
important at this juncture of affairs that
we should know the facts as we proceed.
| simply desire, as stated at the outset
to ''vindicate the truth Of history" If
the Senator from Vermont and the Sena
tors from Indiana will take the pains tc
investigate the record as contained in the
Congressional Globe of February, 1857.
they will find not only all that | have
read, but they will also find that Sena-
tors OF both political parties and from a
large number of the States, declared them
selves with great emphasis against the
power of the President of the Senate to
do auSht else than obey the orders Of the
| convention and of the Senate.
| Mr.. Seward will be found to have said
in the course of debate in the Senate i'm
mediatelya after the members ofthat body
had withdrawn from the convention, ga
misunderstanding exists in both Houses
of Congress, whether the President of the
Senate, acting as hold, as the organ OF
the Senate, has not passed upon the ques-
ton. and counted the votes from the State
of Wisconsin, and whether that may not
be drawn into precedent hereafter.
am one of that number who think that
the President has not counted them"
Mr.. Collamar, of Vermont, whose views
will be found on page CAT, said.
= In my estimation the moment the tellcr>
came to a certificate irregular on its face.
stating that the votes were cast on q day
different from that prescribed by law. they
should have stopped there and announced
the fact to the chair, and the Chair should
Immediately have stated that condition of
things, and the two Houses should have
separated to make provision in relation To
the manner of settleling it, In my opinion
further the Chair, Immediately on being
informed of that fact at any stage of the pro-
ceedings, should have stated it to the body
Not decided it himself, sir, but should
have stated it to the body
and then the two House should have sepa-
| rated and taken proceedings in RELATION to
| the matter.
On page CHS of the same volume Mr..
Collmer again remarks:
Now l say if the Chair in terms decided
| the question in relating to Wisconsin. the
| Chairperhaps did thatat least which oughtito
| be inquired inty by a committee; but | say
| the Chair decided nothing as to the Wiscoi
| nvote being lawful or unlawful.
| have deemed it well, Mr.. President.
to quote the views of one of the ,ablest OF
all the predecessors of the Senator from
| Vermont.
| 1t will be found that Senator Hunter,
Butler, Nourse, Toombs, Adams, Reid.
Seward, Toucey, Houston, Bell, Critten-
den, Weller, Cass, and Douglas, at more
or less length and with greater or less
emphasis, indorsed the views taken by
the presiding officer Of the Senate at that
time as to his functions. 1 had purposed
had obtained the floor at an earlier hour
of the day, to have given quotations from
the speeches of Senators on that occasion
as we'll as to have called the attention OF
the Senate to some notable speeches made
by eminent authority in the House OF
Representatives.
| | know shall have the good will of the
Senate better at this late hour if l desist.
1t is enough that have called the atten-
tion of the Senate to these notable and
conclusive proceedings in the Senate in
joint convention and in the House pend
ing the discussion on the Wisconsin case.
l have accomplished my purpose. l be-
lieve that careful consideration of the
whole subject will show to the Senate
and the people Of the country that the
recent assumption of some Senators as to
the power of the Vice-President is not
founded in law or logic. Out of this and
kindered debates | have no doubt we
shall find mode of counting the votes
just and lawful, acceptable to all honest
men, ending in peace and prosperity to