The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-03-23
Discussion In the Senate Concerning the
Bill on the Electoral Vote.
Whyte, Thurman, Johnston and Maxey In
the Debate.
House Bill on Election Money Blaine's
Amendment.


Amendment.
WAsHINGToN, March 22.-Mr. Humlil
from the Committee on Postoffices, r,
ported the House annual post route bill
Mr.. Frelinghnysen, from the Comm
tee on Foreign Relations, reported hi
to return to the Japanese Governmer
the balance OF the Japanese indemnit
fund, with the exception OF $15, 900 to Il
retained for prize money.
Mr.. Mcdonald, from the same con
mittec, reported u bill transferring {
the State Of Florida the swamp an
over'lowed lands granted by the act &
1850
Mr. Bruce introduced bill to proyid
/ FOR the payment Of bOunties to the col
orod soldiers and sailors and their heirs
Referred.
Mr. Wright introduced n bill prohiE
iting the sale Of liquors in the Terrific
ries also, bill prohibiting the manu-
facture and sale OF intoxicating liquor
in the District Of Columbia. Referred
Mr.. Edmunds submitted Joint reso
luton proposing an amendment to tn,
Constitution. L4
The unfinished business being the bill
To provide for and regulate the counting
Of the electoral vote and tho decision 0
questions arising thereon, was taken up
Mr.. Edmunds suggested that the Sen
ate had better postpone until tomorrow
AS there was another mattor which
ought to be disposed Of to-day.
Mr. Whyto then took the floor on the
electoral bill and read from authorities
to sustain the position heretofore as
sumed by him that the Constitution
lodged the sole power to count the cleo
toral vote in the hands Of the President
Of the Senate. ..5f
He quoted from the remarks Of Mr..
Iancy, Mr.. Benjamin and Mr. Henry
Winter Davis, as to the jurisdiction OF
the President of the Senate in this mat
ter. Mr.. Whyte maintained that all Of
the long line or authorities from which
he had read were to the effect that the
Senate and House had no power what
ever over the counting of the electoral
vote; that the functions Of the President
Of the Senate were ministerial He
warned Congress not to tamper with
this matter. la the course OF his re-
marks Mr.. Whyte referred to the asser
tion of Mr.. Thurman that it passed his
(Mr. Thurman's) comprehension how
any one could imagine that the Consti-
tutiCn put this power into the hands Of
the President Of the Senate. Mr. Whyte
said this idea had entered the brain Of
greater men than he.
Mr.. Thurman said he had meant
in what he said, not to offend
the sensibilities Of any one. In
the power which had been
claimed as resting in the hands Of the
President OF the Senate. he did not see
how you could separate the ministerial
from the judicial function. He com
mented on the views OF Mr.. Winter Da-
Wis which had been quoted from by Mr.
White, and expressed his inability to see
the force OF the argument Tar
Mr.. johnson said the Electoral Col
Iegp was just as much n constitutional
body as the Senate or the House It
was equally recognized by the Constit,l-
lion and we were bound to acknowledge
This fact t.,. .f. ~
The question being taken on the
Of Mr.. Johnson, it was re-
ected-ayes IL, noes 80.
The amendment OF Mr.. Cooper was
hen rejected--ayes l3, noes rs. .i.a
Mr.. MaXey moved an amendment, that
n the event Of the two houses failing to
agree MS to which return shall be count
,d, then the presiding officer OF the
senate shall decide which return shall
De counted
Mr.. Edmunds said he did not
In a legal or constitu-
ional sense that the President of
he Senate was presiding officer OF
'ither house when they were assem-
Dled for the counting Of the electoral
vote. He said it had happened and un-
would happen again that the |
President Of the Senate would be q can
lidate for President or Vice President,
nd IL in slrinsiJla IN <yiy W |
o him the power TO decide which vote |
hould be east. .r IH
Mr.. Merriman said he could not vote |
or the amendment because the power
{ proposed to confer upon the Prcsi- I
lent OF the Senate, he believed, was I
ested in the two houses OF Congress. |
Mr.. Maxey thought it was very re-
that Senators were 80 afraid |
# this power in the hands of the PreSi-
lent Of the Senate, when it had been in |
lis hands down to 1868.
The amendment OF Mr.. Maxey was
hen rejected ayes 7, nays 49,. e.,
n motion Of Mr. Edmunds, went into |
xccutiye session and adjourned. " |
House. Vry ro.
Mr.. Hopkins, of Pennsylvania, offered
resolution calling on the Secretary OF +
he Treasury for copies Of all the cor
on the subject Of a change
officers in the CustomhouSe at Pitts
urg, and, also, to inform the House
hat influence led to a suspension Of
ne order. Adopted = '--
The House then, in the morning hour,
esumed consideration Of the bill re-
orted yesterday from the Judiciary
prohibiting officers and en-
loyees Of the Government from con
ibuting money. to influence elections
Mr.. Blaine offered an amendment to
le original BILL and also a substitute
, include Senators, members and dele
ates. He said he congratulated the I
ouse on the surrender OF the doctrine
State rights, which had heretofore
zen asserted by the Democratic side by
le denial of the right Of the General /.
overnment to interfere in the matter
elections in States. He regarded this
a significant fact and a gratifying
in the history OF the times.
I'd an assurance that the Democratic ,
,rty would unite with the Republican /
lrty in preserving the purity OF elec !
1ns. He referred to the recent Sena- 8
rial contest in the Virginia Legisla- !
re, giving the details d the manner in {
hich the ballot was purged by the {
thdrawal Of the excess over registra- :
IN, claiming that as Republican bal I
is were on large paper and the Demo- (
ats were on small slips, all but five o