The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-03-14
Forts Fourth Congress-First Session.
SENATE.

| WASHINGTON Mar 13.
Several bills and petitions were offered and
| referred,
By Mr.. Boutwell, memorial of the New
England Association asking for a general sys-
tenn of weights and measures. Referred to the
| Committee on Finance
BY MT; Morrlll Of Me-. petition OF the citi-
| zens OF Portland, Maine, against the repeal OF
the bankrupt law and asking its modification.
referred to the Committee on judiciary.
by d Mr. Anthony, resolution to print and
Dlno oUu copies OF the report Of labor in Eu-
rope for the use of the departments. Referred
TO the Committee on Printing.
On motion of Mr. Morton the Senate took up
the bill to provide for and regulate the count
| ing OF votes for President and Vice Pfesi-
| dent.
| Mr.. Bayard briefly addressed the Senate in
Mr. Morton said the bill presented three i'm
| portant changes from the old method, which
| he proposed to point out. The bill provides for
| debate or explanation while the vote was being
| counted.
Mr.. Eaton said that the second question of
| the bill provided that the returns from such
| states shall be counted which the two houses
| acting separately shall decide to be the true
| and valid return, and asked what would be the
| effect if the House decided that one set of IT,
| turns were correct and the Senate decided that
| another set were correct, in case where there
were two sets of returns from one state?
Mr.. Morton replied that in such a case as
| that the vote of the state would fall to the
| ground and the state would lose its vote, for
there was no outside tribunal constitutionally
| qualified to decide the matter.
Mr., Boutwell, said he had not the faith in the
| wisdom of the bill that the chairman (Moiton)
had although he should probably vote for the
bill. He did not assume that the Vice Presi-
dent had any other duty than simply to open
| the returns For nearly a century the old
| method had been under the constitution and 1t
was not possible for congress to delegate it to
court or any body else.
Mr. Thurman said it was time some such
measure as that should be adopted for he could
easily foresee that votes of states might some
times be thrown out to such an extent as to
plunge the country into anarchy and rebellion.
1t could not happen once in thousand times
that the Vice President would not know just
what package OF returns contains the votes of
his particular party, and he could pick that up
and open it. 1t was Though his (rhurman's)
solicitations that the Senator from Indiana in
trodnced the second section of the bill, and he
Cuusfdereu II necessary. 1t any Senator could
devise better plan he would be glad to hear
it.
Mr.. Whyte said he would have it left just
where our fathers and the constitution left 1t.
lie held that the Vice President had the right
| to decide which was the correct set of returns.
The two houses were present as witnesses of the
transaction. He would not allow anybody to
NEEDLE with the matter, but would much rath
err the House would do it than the Senate. The
House represented the people and came from
the people every two years, while the Senate
did not.
Mr. Cooper entertained the same opinion and
moved to amend by adding after the words
"the two houses acting separately shall decide
to be the true and valid return" the following
words, "and if the two houses cannot agree.
then the House of Representatives, voting by
states IN the manner provided by the consttu-
ton when the election devolves upon the
House. shall decide to be the true and valid re-
turn"
MIR. Herman dissented from the Senator from
Maryland (Whyte.) He did not think the
President pro tempore had the right to decide
which was the true and valid returns and he
did not think the constitution warranted such
conclusion. 1t said be should open all the
returns and they should be counted. If any
question should ever arise, as has been spoke
OF. then he would prefer to have the House de-
eide the matter as they more clearly represent
ed the people,
Mr.. Morton said that if the House voted on
the question by states the state which had but
one representative would have just as much
voice IN the matter as the state of New York
which had ~ representatives. He said he had
once made computation of the matter and as
certained that As members of the House, vot-
ing by states and representing 100000 of the
people, could outvote the other 247 members
representing 35,000,000 of people, Could any,
thing be conceived of that would come further
from the will of the people? The principle in
volved in this bill is precisely that upon which
all the legislation of the country depends. Ii
the two houses cannot agree upon a bill before
Congress it fails of course aud there is no pow
er to refer it to third party. If the power
can be delegated to the House to decide upon
valid returns it can be delegated to the Vice
PRESIDENT or President aud the entire will of
the people be set aside. The idea of selecting
an umpire or referee to decide question of
TINS character was an absurd one.
Mr.. Frelinghuysen said that as absurd as the
idea Was there were several presidents for il
and he iDstanced the case of Iowa, wherein the
governor had been elected and question aris-
ing the court of claims was delegated as UNI
pre.
Mr.. Allison introduced bill providing for
the agreement with the Sioux Indians ia re.
gard to portion of their reservation and for
other purposes. Referred to the Committee on
Indian Affairs.
AT 40 the Senate went into executive ses-
sion and at 4.50 adjourned.
HOUSE.
A large number of bills were introduced and
referred. Among them is one to allow twenty
days vacation with pay to oil governments
pl0yeS to attend the centennial celebration.
By Mr.. Pierce of Mass for the relief of sick
and disabled seameu in the district of Cape
Cod, Mass.
By Mr. Blaine of Maine, regarding the regu-
lation of commerce and navigation and of
steam vessels; also by request, declaring the
14th of April, 1876, legal holiday in Washing
ton city; for moro certain resumption of specie
payment on January 1st, 1879.
Mr.. WhitthoIne OF Tennessee offered reso.
luton directing the Committee on Appropria-
tons to inquire into the formation of the divis-
ion in the Treasury Department having charge
of the proceeds of captured and abandoned
property. Adopted
Mr.. Southland of Ohio offered a resolution
calling on the Secretary of the Treasury for in.
formation as to the defaulting internal revenue
collectors. Adopted. Also resolution calling
on the Secretary of War for information as to
whether promotions in the army since Jnne %,
1874, have been in accordance with section 1904
RpVJSn6 Stafnfnc nd nat INV,
Adopted.
Mr.. Baker of Indiana offered the following
resolution:
Resolued That the people of the United
States constitute one nation and not mere
confederaey of states or nations; that the con-
stitution was formed by the people acting in
their primary and individual capacity through
their delegates there to duly constitute; that
the government under the constitution IS one
OF the people and for the people and that in its
appropriate sphere the government of this ma
ton is sovereign and supreme; that in its ma
tuIe it is permanent and indssoluble except by
the action and consent of the whole people;
that no state has any right or authority TO
Judge OF the co1stitutionality of laws enacted |
by Congress or to nullify the execution of the |
same, and that all overt acts by any state or
people thereof, or secession therefrom, or of
rebellion for the dismemberment OF the Union |
was causeless and indefensbe on any theory of |
right or of constitutional law.
He moved that the rules be suspended and
the resolution adopted, and called for the yeas
and nays, which were ordered.
Mr.. Stone OF Missouri, moved to adjourn.
Rejected.
Mr.. Cox of New York asked whether it was
in order to readltrom the Constitution these
words: Done in convention by the unani
maus consent of the states-George Washing
tom
The Speaker replied that it would be in tn,
nature of debate and not in order.
The motion to suspend the rules and adopt
the resolution was rejected, yeas g. nays 72,
two-thirds not having voted in the affirmative.
Very Few Democrats voted for it. Among
them were Durand of Michigan, Hardenberg Of |
New Jersey, jerks of Pennsylvania, New of |
Indiana. Phelps of Connecticut. Potter of
Michigan, Vance of Ohio and A. S. Williams |
of Michigan. All the Republicans voted for it; |
all the southern Democrats against it and most |
all of the nothern Democrats refrained from |
voting. Before the vote was announced Mr.. |
Baker called the attention of the Chair to these
facts, that many members were present who |
were not voting and he made point of order |
that they be compelled to vote. |
The Speaker overruled the point. |
Mr.. Randall of Pennsylvania remarke that |
there was good deal of truth in the resolution |
and also good deal of false principle.
The result of the vote was then Announced