, 1876-12-31

was obtained. It WIS important 10 loOK at tne
preceden1s governing This subject. As Senator
Trumbull had said, the first count occurred IN
1888. The next time this question arose was u
17Da, and tr 1887, 1901. and 1909 the same uues-
tton came up, aud both HOUSES took part IN the
count. In 1855 q very grave question arose,
which required and received the action ot Con-
gross, and also involved the expression Of an
opinion on this subject BY President Ltncoln. 1t
was In references to the count Of the Rebel
States.
TIE QUESTION AeosE
whether CONGRESS would count the votes OF the
States in rebellion. II he remembered rightly,
Tennessee and Louisiana had actually held an
election and had voted for President and Vice
President, and returned the votes in the ordtna-
ry way. The joint resolution fixing the con
Yening OF the two Houses contained preamble
to the effect that whereas certain States named
had been in rebellion therefore, resolved, that
the votes Of those States be rejected. This
joint resolution had been signed By the Frest-
dent, and the yery subject they we're discussing
was brought to his attention. In special
message, the President stated that in bis own
view the two Houses Of Congress, under the
twelfth article OF The Constitution, had power
to exclude from the count all Electoral votes
declared BY them to be illegal, and that It was
not competent for the Executive to defeat or
obstruct that power by veto, as would be the
case II his action were at all essential to the
matter: Thus Abraham Lincoln declared ex-
picitfy his opinion that Congress alone possessed
the power to count the vote, and that It was not
therght or privilege Of the President inter-
tere with that body In any regard. (Appfause-l
But there were other things to be done be.
sides casting up the returns, the eligibility OF
the Electors, etc. The Constitution did not
specify that the vote should be counted by the
President Of the Senate, nor did It atfrmatlyefy
declare that 1t should be counted by the two
Ho,iscs. But there was another clause which
provided that Congress should have the power
to make all needfui laws to carry into elect the
provisions OF the Constitution. The Constitu-
ton provided, in case OF failure to elect, TINT
the House should proceed to elect President,
and the Senate u Vice-Presideut. The House
had power, therefore, to determine whether
President had been elected or not. Then, there
were Oregon, Florida, South Carolina, and
Louisiana with two sets ut voters each.
MUST NOT THK HOUSE INVESTIGATE
all Of the facts in the elections IN those States4
Was It not sub7ersiye OF freedom for the Pres
fdent Of the Senate to take New Orleans Ger
tidcate and BY it say be would decide the cleo
tion In that State! It thcre had been "pull.
doing" by the Democrats, nobody In the hall
wanted Tilden inaugurated. {Applause.l II,
on the other hand, it was true that Democratic
votes In Louisiana had been counted out, no.
body wanted Hayes inaugurated. [Appiausc.l
There must be searching IL mves1igation tnto
filled, paying from SO 600 year down to gen.
teel starvation, and there were about twenty
men anxious to get chance at each Office.
{Laughter.] But the great masses Of the peo-
pie were controlled By no such sordid and parti-
sun motives, and they demanded Of the politicians
not to rush the country into another war. lap
plause.1 al remembered the time when more
than mi1lipn men in this country were bear
ing arms, and they wanted no more OF it. The
wcll-thinking people Of this country would con-
tinue to demand that tue uan honestly elected
chair AMI discharge the duties Of the Office to
which he was elected. Loud chcering.J