The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-12-13
Fort; Fourth Congressional Session.
SENATE.

board in Louisiana was ordered printed.
Resolution directing the Attorney General to
inform the Senate as to the number of deputy
U. S. marshals employed Nov. 9TH election
day. and a statement of their duties, was
agreed to.
Senate then proceeded to discuss the resolu-
ton of Mr.. Mitchell providing for the inyesti-
cation in regard to the appointment of CroniG
as Presidential eector in Oregon.
Mr.. White of Maryland said he had no OBJ.
lection to the resolution providing the preamble
be dropped He could not vote for the pre- am
BILE which declared that certain persons were
elected. If one of these persons was ineligible
he was not elected
Mr.. Mitchell said he did not intend to 90
into any discussion of the ques ion of the cleo
toral vote of Oregon. 1t woald be discussed
hereafter by more able men. 1t was not often
that the country was startled as 1t had been NV
the Chief Executive of the state of Oregon
The constitution of that state in specifying aud
defining the duties of the governor said:
He shall take care that the laws be faithful
ly executed"
1t also provided that 10 all elections held by
the people the person or persons receiving the
hlghesunumber of votes should be declared du-
ly elected. and further that the vote for Presi
Dental electors should be caEvassed in the
same manner as the votes for members for
Congress, and that the governor should Issue
his certificate ofielectiOn to the person or per-
sons having the highest number ut votes.
The law nowhere gave the governor jurisdiction
to enter into the question of eligibility of this
or that man. This was not a case where the
officer committed an error of Judgment but a
case where the officer had taken jurisdiction
without any authority of law.
The discussion of tho Oregon electoral mat
ter was continued at length, Messrs Morton,
Salisbury, Sargent aud Logan taking part.
Pending the diScuSsOnMr. EdmundS demand
ed the regular order, it being joint resolution
proposing an amendment to the Constitution
so as to have the electoral vote counted by the
Supreme Court
Mr.. West submitted joint resolution ex.
tending the time for making q report of the
commission to enquire into the feasibility of
reducing the army till January 29tb, 1877
Agreed to.
The Senate then resumed the consideration of
the regular order demanded by Mr.. Edmunds
ard the amendment proposed by the Commit
tee on Judiciary providing that the court in
making the' count shall disregard errors of
form and be governed by substantial sight of
the matter, was agreed to,
Other amendments OF the committee of
verbal character were agreed to.
Mr.. Edmunds submitted an amendment to
the amendment proposed by him few days
to the present Presidential contest in case it be
ratified byiathree-fOurtbs of the states, etc..
so as to provide that the court shall fix day
not later than the 10Th OF February, 1877, for
| thelcount and proceed with it from day to day
until disposed Of. Agreed to.
The JOINT resolution was then reported to the
Senate and the amendments made in the Com
mittee of the Whole were CONQUERED in.
Mr.. Merrimon proposed to amend the second
| section of the joint resolution SO as to read:
"No person holding the office Of justice of
| the Supreme Court of the United States shall
| be eligible to be elected as President or Vice
President, or be appointed to any office under
| the United States until the expiration of foar
years next after he shall have ceased to be such
| Justice"
He said the object Of his amendment was to
cut off any hope of Office that Supreme Court
| Judge might expect at the hands of a President.
olution. but if it must pass be would be glad to
have il in the most acceptable shape.
The amendment of Mr.. Merrmons was
| agreed to.
Mr.. Conkling in reply to question of Mr..
| Key said that the object of the Judiciary Com
| mittee in requiring electors to vote Uiua Uoce
| instead of ballot, was to have the provision of
| the Constitution forbddng electors to vote for
| President and Vice President from the same
| state carried out. If allowed to vote by ballot
| this provision of the Constitution could be vio-
lated, but if electors were required to vote yiya
| Voce it could not be violated.
The question being on the final passage of
the resolution Mr.. Bogy said he desired to
opportunity to prepare himself yet. He asked
| that further consideration of the joint resolu-
| ton be postponed till tomorrow.
Mr.. Morton said the subject was one of great
| Importance and he trusted it would be laid ov-
| er till Monday next that the senators might
have time to examine into it,
Mr.. Edmunds said it was not his intention to
unduly press this subject before the Senate, but
| this matter has been on the tables of Senators
| since last session, and he could not consent to
its poStponement till next week. lie did not
feel at liberty to press it to vote today, and,
therefore would not oppose the request of the
Senator from Missouri (Bogy) to allow it to lay
over till tomorrow.
A.
said the Senate was called upon to re-enact by
| it the electoral college with all its faults and
also the provision of the Constitution authoriz-
ing the House of Representatives to elect a
President, which was a dangerous one. In his
opinion both these provisions of the Constitu-
ton should be wiped out. He hoped the Sen
ate in the present difficulty would not be driven
to the passage of constitutional amendment
which re-enated two of the most dangerous
| provisions in the Constitution.
| Pending the discussion the Senate at three
O'Clock, on motion of Mr.. Edmunds, went into
executive session, and on reopening the doors
adjourned.
Mr. Blair of New Hampshire introduced a
constitutional amendment forbidding the
manufacture and sals of distilled liquors as
beverage after the year 1900. Referred
Mr. Bland demanded the resumption of bust
ness under the 2lst joint rule which required
that st a second session of Congress the untin-
be taken up in regular order.
Discussion as to the existence of the joint
rule followed.
The Speaker took the ground that the joint
abolishing them.
The Speaker caused the 21st rule to be read
and decided that in as much as that rule was
imperative the unfinished business of the last
morning hour of the last session must have the
preference.
Mr.. Garfield said he had no objection to the
ruling Of the Chair under the Both rule of the
House, but if that ruling implied that the Dist
Joint rule was 10 exstance and binding on the
House he should respectfully appeal from that
decision.
Mr.. Garfield of Ohio, continued to quote from
digest to the effect that the omission was ex-
planned by the resolution of the Senate of the
I'd OF January, 1876 (setting it out in fulL)
That resolution asked the concurrence of the
House and had been referred to the committee
on rules. but had never been acted on The
same question had arisen last week in the Sem
ate and it was then determined with but four
dissenting votes that there are no joint rules in
force.
Mr.. McCrary Of Iowa sent to the Clerks
desk and had read an extract from the House
proceedings last session to show on question
which then arose that Speaker Kerr ruled that
the constitution gave each House the right to
adopt their own rules and that that right could
not be superseded.
The Speaker remarked that the extract Just
read confirmed ia remarkable manner his
present judgment ia as much as iu that discus
sion the word '.joint" was not once used, but
that the whole discussion had reference only to
the House rules proper implying that joint
rules were to be reached in some other way |
than by the simple action of the House.
Mr.. Garfield argued that no rule either Joint
or several, can bind the House except by its
consent, and that the proposition that Joint
rule coming from former Congress had any
more authority in the 44th Congress than the
House rule had, was, if not absurd, certainly
untenable. Not wishing to bring the House 70
vote without time for ample consideration he
withdrew his appeal
The debate was continued by Springer, Hoar, :
Kasson, Haskins and McCrary. At the close
of the discussion under the ruling of Speaker
the House proceeded to the unfinished business
of the last morning hour of last session, which
was the bill reported by Mr.. Bland of Missouri, ,
from the Committee on Mines and Mining to
utilize the product of gold and silver mines /
Mr.. Bland explained that in the present DO.
ltical condition of the country he thought he
would be warranted in saying that the COM
mission appointed by Congress to inquire as to
the desirability of double standard of money