The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1876-12-21
CONGRESSES
SENATE.


temnerance organizations throughout the
country, were presented, praying Congress
TO take steps TO prohibit the manufacture
and sale of alcoholic liquors as a beverage
in The District Of Columbia, and the Ter
ritories Referred.
Mr.. ANTHONY, from the committee on
printing, reported joint resolution to
print ten thousand extra copies Of the
Presidents message and accompanying docu-
lnents, in regard TO the late election in
Louisiana.
Mr.. THURMAN objected to its present
consideration, and il went over till to-mor-
row.
he resolution OF Mr.. Mitchell, provid-
ing for an inquiry into the appointment OF
the Oregon electors, was taken up.
Mr.. BAYARD spoke al some length in
favor of amending the preamble of the
resolution, 20 that no violation of the law
should be charged upon Gov. Grover be-
fore an investigation was made.
Pending discussion EdmunGs demanded
the regular order, and the Senate resumed
the consideration Of the joint resolution pro-
posing an amendment TO the Constitution,
so as to have a count Of the electoral vote
made by the Supreme Court OF the United
States.
Mr.. BOGY being entitled to the floor,
he spoke at length upon the subject.
Mr.. INGALLS,, from the committee on
Indian Affair, reported favorably on the
Senate bill TO provide for the sale Of a
portion OF the reservation Of the Sac and
Fox Indians in Kansas and Nebraska,
which was discussed briefly and laid over
informally.
Mr. MITCHELL, al his own request,
was excused from further service az a MEM
Der of the committee on privileges and
elections, and Mr.. Sargent was appointed
10 fill the vacancy.
Mr.. BOGY argued that the electoral
votes had always been counted by tellers,
appointed by the two Houses Of Congress,
and not by the President of the Senate. He
next referred to the 22nd joint rule. and
said whether it be in force or not, it was
nothing more nor less than the 18th amend
ment 10 the constitution. The practice Of
the two Houses Of Congress in counting the
electoral vote for the last Sc years had been
upon the same principle "a the 22nd joint
rule. He spoke of receiving and counting
the electoral vote, and said the first ques-
lion presented was one of the reception of
the votes, not of rejecting them, and it re-
Iuired concurrence Of the two Houses oil
Mr.. EDMUSDS said that according TO
the argument Of the Senator, if one House
OF Congress could reject the vote of State,
the vote oil every State, except Delaware,
or one Of the smaller States, might be re-
jected by one or the other House, and the
vote Of such small State would then elect
President. That would be the absolute
breaking up of the Government by the ex-
nj ha -
gress.
Mr. BOGY said the great fundamental
principles underlying The very founda-
ton OF our Government was the presump-
ton that the Senators and Represerva-
tives in Congress would discharge |
their duty with fidelity. 1t |
must always be presumed that the men in |
Office are honest. He argued that party |
feeling could not be KEEP: out Of Congress, |
but there was a point where party must
sink, and man must rise. He had faith in |
the Congress OF the United States, no mat
ter how weak and ignorant some few indi-
viduals might be. Where could the power
OF counting the electoral vote be placed
better, or more wisely, than with Congress
Why take ii from Congress and give il TO
the Supreme Court? Were not the Judges
OF the Supreme Court men like the Sena-
tors and Representatives Had they not
party attachments, and were they not liza
bic 10 the frailties of human nature?
Mr.. BOGG said the court now stood be-
yond and above party, and 10 trust il with
the count of the electoral vote would bring
1t in the arena of politics. Any decision
made by The court after the counting of the
vote would give less satisfaction than if
made by Congress. If the court should de- |
eide in favor of Tilden, it would be de-
and if it should decide in favor of {
Hayes, ii would likewise be denounced. !
The counting Of the vote was not the func- G
ton which belonged to the judicial depart I
meIt OF the Government. 1t was the func- G
ton which properly belonged to the lesis-
lative department, and he know OF a
no body so well adapted to decide the
matter "a Congress, because the Senate re-
presented the States, and the members of I
he other House represented the people. i
lie hoped no duty OF a political nature
Sould be thrown upon the Supreme Court
pn ere occasion, when party politics press :
81 the court hard, ii gave way, and he bad
10 doubt it would do so again, because the =
Judges OF the Supreme Court were but men. u !,
The day was not far ahead when the men,
'ers OF Congress must rise above party, and u
eel that they are entrusted with the sacred u
ause OF liberty. He felt that they would
o discharge their duties that the vawning a
-ulf now at their feet would be bridged ~
yer, and the country would again enter III
nto career ofipeace and prosperity, such
$ had made it great for one hundred years. y
Mr.. RANDOLPH also opposed the y
ransfer OF the count to the Supreme Court, LII
nd quoted from the journals of Congress
D show that it had always been held that us
he power TO canvass the vote was vested in GU
Ongress, and not with the presiding officer I n
I the Senate alone.
The question being on the passage of " "
he joint resolution proposing the amend ne
lent TO the Constitution, it was rejected n'
ess, IA; NAYS, 81. co
Mr.. EDMUNDS gave notice that to- M
orrow he would move to take up the bill Oh
provide for and regulate the counting of
e votes for the President and Vice-Presi- ny ~;
mt, and a decision of the questions y.
Using therefrom, which passed the Senate "!
the last session, but now was before this "
,dy.
On motion to reconsider, Mr. Sherman OIL
ked If the Oregon resolution had been pr
id aside. fol-
Mr.. EDMUNDS said that it had been di.
Id over till tomorrow, but the case was as
,acticaliy covered by the resolution sub wa
tilted by him early in the session, and cal
lopted by the Senate, which authorized
vestigations as 10 the elections in certain of
ates and also as to the eligibility of elect an,
:. da,
The Senate then went into executive ses- ira
m, and coon after adjourned. am
WASHINGTON Decemhar IA uin
Deeeinoef IA. sew
In the morning hour a resolution TO print MA
ira copies OF the Presidents message and the
e accompanying documents, in regard to ,
: late election in Louisiana, was taken ;,n
Mr.. THURMAN moved to amend il 90 ~
to have printed with the message and am,
the memorial of Mr.. Boyy, ,;vs
and Messrs. Stevenson and Nc ord
maid, embracing the report of the Demo- \
TIC committee, which witnessed the count
New Orleans. A long discussion fol- llon
Ted reso
Nh. MORTON said that the great ques- The
peiore the Louisiana returning board, inc
that OF intimidation, murder and yio- r.so
~ ,,;n,o. 7, G san.eo 10 near ABOUT Hou
committee which visited New 81
cans, in regard to this intimidation. .," 81.
z report OF that committee touched this - -
at qsestion of intimidation with a sin - :. -
paragraph, not as long as his finger. Thar
. Morton then read from the report of LEI
democratic committee and said it ad- 49,,
s.;a !, Nv. J n e1sseo IN LOUISIANA orde