The Portland daily press., 1876-12-12
Forty Fourth COngress-First Session.
SENATE.

SOutu CdTOIud, lOflud, anu LOUISIANA WIN
an amendment apprOprlatng $4,000 to defray |
the expenses of the committee of elections of
the Senate in making investigation under Mr. |
Edmugds resolution.
Mr.. Bogy presented report of the Demo.
cratic committee which attended the session of
the Louisiana returning boards and moved it
be printed which was finally agreed to.
Mr.. Mitchell from the election COMMITTEES re-
ported favOrably on resolution authorizing
investigation as to eligibility of Watts the
Oregon elector. 1t went over until tomorrow,
Mr.. Cameron introduced bill to provide for
the redemption of greenbacks. Referred,
Mr.. Bayard submitted a resolution directing
the Attorney General to inform the Senate as
to the number OF deputy marshals employed
through the United States in connection with
the election held in November last, stating the
number employed in each state and the period
of time they we're employed.
Mr.. Edmunds desired TO offer an amendment
to the resolution and asked that it be laid over
till tomorrow. So ordered.
Mr.. Morton submitted resolution providing
that the various committees of the Committee
Oh Privileges and Elections be authorized to
enquire and report as to the late election in
certain Southern states under the resolution of
MIR. Edmunds, that they shall be known as
committees of the Senate and that the chair
man have power to administer oaths. Agreed
to.
At his request Mr.. Boutwell, was excused
from serving on the Committee on Privileges
and Elections, owing to his labors on the Silver
Committee.
Mr. Sherman presented petition of Gen.
Joseph f. johnson asking for the removal of
his political disabilities. Referred to the Com
mittee on Judiciary.
Senate resumed the consideration of the un-
flushed business, being the joint resolution of
Mr. Edmunds proposing an amendment to the
Constitution of the United States, SO as to have
the electoral vote for President and Vice Pres
| ident counted by the Supreme Court, and
the amendment proposed hby the Commit
tee on the Judiciary providing that electors
shall vote Uiva Uoce instead of by ballot, was
agreed to.
Mr.. Morton opposed the clause providing
that the court shall IN the discharge of its duty
| disregard errors of form and be governed by
| tho substantial right of the matter. He argued
! that this clause would give TO the Supreme
| Court boundless Jurisdiction. 1t would au-
| thorize that body TO do almost anything. per-
haps 10 go and count votes in the state of YER
mont. state jurisdiction should not be con-
Tered upon any tribunal as it was dangerous
Mr.. Edmunds said the object of the clause
was not to authorize the court to exercise
| bOundIess jurisdiction or to go anywhere to
count the votes OF the citizens, but it was to
authorize the court to do exactly what all
| courts do in matters in which they called
| upon to decide, and that wassto disregard forms
and decide upoa the substantial right of the
matter.
| Mr.. Edmunds proceeded at length, explain
| ing the provisions of the amendmen and
Il
ger to be feared on account OF prejudice, pas
sion and anger which must exist in SO large a
| body of men as compose the two houses of
| Congress In deciding questions OF this charac-
| ter and argued that the power of counting cleo
| toral votes should nos be reposed in a political
| body. He favored the vestiDg of the power in
| the Supreme Court, because the judges were
not subject to the excitement which the great
nlass of men are subject to. Besides they were
trained to a careful knowledge of the conatitu-
tonal law and they would bring to the consid-
Grafton of questions minds well fitted to the
performance of the duty on account of their
/ impartislity and great respect for the govern
ment Senators and Represen tetves were
more or less partlzan and be they as pure as
human nature could be they must be influence
! sd IN favor OF this or that party to some ex-
| tent. Then referring to the last section of the
| proposed amendment making it applicable to
the present contest if ratified in time, Mr.. Ed
| munds said he did not share in what was said
| by parties who should not make use Of such
expressions that there was danger of any civil
! CONFUSION by force. He did not think the
| good sense of the nation with it's love for law
| was going to allow any dispute as to which of
| the two men voted for last November should
| appoint p0stmasters aud sign commissions dur
| ing the next foar years There would be found
| somewhere in the Constitution a way to settle
| it peaceably.
Mr.. Morton said he was sorry this debate was
thrust upon the Senate al this time as he had
| not carefully considered this proposed amend
ment, though he had studied the general sub
| ject for years past. The Senate should be very
| sure that the proposition now before it was a
true and proper one and one under which the
country could prosper and live for all time.
Should this proposition be adopted it was very
Certain that none other would be adopted for
many years. There were number of fatal OBJ
jectlOns to this amendment 1t proposed to
transfer the count of the electoral vote to the
Supreme Court which would make that tribu-
naI a political body. 1t would make that court
| the grand returning board of the country and
Its motives would always be lmpugned The
Supreme Court of the United States would be
vested with the power OF determining what
party should be in authority for four years.
The members of that court would have pUliti-
| cal power which would be dangerous He ar
| gned that the proposed amendment was re-
| enactment of the 18th article of the amend
ments to the Constitution with three changes
which were, irst that electors shall vote eliza
uoco instead of by bollot; seco0d, the transfer
Of the count of the electoral vote to the Supreme
Court. and third, making Supreme Court
| judy ineligib for the Office of President or
Vice President until the expiration of two
years next after he shall have ceased to be such
| Justice. The proposition left the electoral COL
| lege standing with all its abuse. The people of
| the United States were opposed to that institu-
| ton as it was full of danger and trouble, some
OF which was at the very doors of Congress to.
| day. This electoral college was the rock in the
| channel upon which the country was more
likely to split than any other
Mr.. Morton then quoted at length from
port which he made to the Senate two years
ago, froms the Committee on Privileges
| aud Elections to show he opposed the electoral
| college then. He said he did not believe the
| people Of this country would ratify this pro-
| posed amendment with the electral college pro-
vision standing. He also objected to the pro-
posed amendment because it re enacted the
| provision authorizing the election of a Pfesi-
dent by the House of Representatives. Tais
provision he regarded as one of the most dan
| gerous in the constitution 1t gave to Nevada
| with her AZ 900 people the same voice in the
her ia times as many people, He argued in
favor of having the President and Vice Pfesi-
| dent elected by direct vote of the people, and
had read tue constitutional amendment propos-
ed by the COMMITTEES on Privileges and Eec-
tons to that effect two years ago.
MT. EdmundS in reply to a question of Mr..
MerrimOn said all the members of tie Com
mittee Oh judiciary we've of the opinion that it
would be better to have electors vote 0iUa Uoce
Than by ballot as the action of the chosen
agents of the people should be public, so all
might know whether such agents fulfilled the
trust conhded to him or betrayed it.
Mr.. Merrinon gave notice of an amendment
he would offer so as to make any justice OF the
Supreme Court ineligible to the app .intment to
any Office under the United States, and also
Ineligible to be elected President until the ex-
pration of four years Eext after he shall have
ceased to be such justice. Ordered to be print
ed
The matter was further discussed BY Mr..
Frelinghuysen, Merrimon, E1muuds aad Nor
ton
Pending discussion Mr.. Morton submitted a
resolution fixing the per diem of witness sum-
moued to apper before the Senate or any of ifs
commissioners, at So and mileage of 80 ceats
per mile each way. Referred to the commit
tee on contingent expenses.
He also submitted resolution to transfer
$4,000 from the contigent fund to the use of the
Committee Oh Privileges and elections, to be
returned when the appropriations shall be
made 10 defrsy the expenses of that committee.
Agretd to-
The Chair announced Mr.. Oglesby as men,
Der of the Committee on Privileges aud Elec-
tons in place of Mr. Boutwell, excused
The Senate at 3 As went into executive ses-
sion aud when the doors were opened adjourn
ed.
HOUSE.
The following bills were introduced and r.
ferred:
10 provide judicial remedies for overcharge
o. duties on tonnage and imports.
Reducing letter postage to two cents.
To regulate compensation of letter carriers
in cities of over 100, 600 population.
For pui chase of silver bullion and its coinage
in dollars which are TO he legal tender fol all
debts, public and private, including duties and