The New York herald., 1876-12-14
elect President That would be the absolute break
Ing up OF The government BY the exercise Of the

elact President That would be the absolute break
Ing up Of lhe government by the exercise of The con
stltutionai powers OF Congress.
Mr.. BooY said the great fundamental principle un-
cerlying The very foundation OF our governments WAS
the presumption that Senators and Representatives
IN Congress- would discharge their duty with hdelity
When shonesty entered our legislative halls and ac-
complshed such result as suggested by ihe senator
from Vermont our government would become u farce
and u had better be turned into despotism II must
always be presumed that men in Office are honest
Should The day come when the Congress OF the
United States could be Influenced by any other than
high and patriotic motives, no law, no JOINT rule
would ever protect the body ne argued that party
feeling could not be kept out OF Congress- but there
was point where party must sink aud the man
must rise as patriot II be be. honest he had
faith In the Congress Of the United States matter
how weak and ignorant some lew indviduas might
be- where could the power OF counting the electoral
vote be placed better or more wisely ,han with Con-
grcssf Why take this power from Congress aud give
II to the Supreme CourtY We're not the Judges OF tbs
Supreme Court men like Senators and Keprcscnta-
tivesY Had they not party attachments and were
they not liable to the frniltes OF human naturey
Mr. BuHSsIDK, lrcp) ORR l., inquired II the Senator
from Missouri (Mr. Bogy held that members OF Con-
gress IN counting the vote could be actuaed By any
higher motives than members oil The two committees
that witnessed the count in louisiana.
Mr. BoGy said all the committees sent to
Louisiana, whether democratic republican. had
agreed and represented that the government Of tnat
State founded IN frauds
Mr. BURNSIDE asked II the main body OF the people
or the United States would abide by the
OF the Supreme Court Was thorc any tribunal where
the question OF counting the electoral could be
rested with moro satisiactionf
Mr. BoGy said the Court now stood beyond and
above party and to vest the the cleo
loral vote would briug IL INTO lhe arena OF politics
any decision made by the Court after counting tho
yotc would give less satisfaction thai il made py on
gress Take the present contest II the Court should
decide iavor OF Tilden IL would be denounced, and
II II should decide IN favor oi Hayes would likewise
be denounced. Tbe counting OF the vote not
function which belonged tho judicial dcpartAcnt OF
the government Ii junction which properly
belonged 20 the legislative department, anu hc knew u
gress because the Senate the States ana
tho Of the othcr house represented the pco-
pIa He hoped NO duty OF POLITICAL nature would lie
thrown upon tho Supreme Courl On occasion,
when party politics pressed he Court hard, .t gave
way and he had no doubt would do SO again, because
the Judges oil the supreme Court were but men. Tho
day was not lar ahead when members OF Congress
must rise above party and ee that they ntrustcd
with the OF liberty. He felt that they would
discharge their duties that the yawning gulf now at
their feot would DO brdged a.d the country
would again enter career OF peace and prosperity
such as had made It creat Tor one hundred years.
Mr. RANDOLPH tdeml OF n j., also opposed :hc
transfer OF the count the Supreme Court and quoted
from the journals of Congress 10 show that Il Dad
always been held that the power to canvass tho vote
cd IN Congress and not with the presiding Of
nccr or the Senate alone
KEJncrloS or TIM RESOLUTION
Tho question being on the passage OF tho joint reso
luton proposing an ainendment TO the constitution u
was rejected yeas IL, nays 81 two-hrds not voting
IN the affirmative. Tho vote was as ioows:-
YEAs-Allison. Anthony. Blaine. Burnside. Conkng Ed
munds, Ferry freilnghnysen. Haml,n Hitchcock. Key
NAYS Acorn Bayard; Bosy. Booth. Bruce Cameron Of
c0ia.sv.I.s as%ii.oa. Harvey lssss jsnss u Ksr
ss
and WtthorS--31.
Mcssrs Window and Christiancy, who would have
voted IN the Affirmative, wore paired with Mcssrs.
DAVIS and Ransom, who would have voted IN tho neg
ativc.
Mr.. EDMUyDs gave notice that tomorrow he would
movo take up the bill provide aud regulate tho
counting or for President and Vice President aud
tho decision OF questions arising thereon, which
passed the Senate last session, but now before the
body on a motion to reconsider.
. Mr.. sHE.MAN asked II the Oregon resolution had
been laid aside
Mr.. EpMUyDs replied that it had been laid until
but the case was practically covered by
the resolution submitted by him early in the
and adopted by the Senate which authorized nvesti
cations the electors in certain States and
TO the eligibility Of electors.
The Senate then went into executive session, and at
halfpast tour, when tho doors were rcoponed, ad-
journed