The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-12-21
FORTY-FOURTH CONGRESS
WASHINGTON, December 20.
SENATE.

| Elemental to the act Tor the apporIlon'
tioament Of representatives IN Congress
among the several States according to
the ninth census. Referred to the Com
! mittee on Privileges and Elections. Ii
provides for an additional representative
In Congress from Nebraska,
The Senate reconsidered the vote by
which the bill to establish the Territory
of Pembina was ordered to third read
ing and passed on the Stn of August last.
The name of the new Territory which
is to be organized out of portion OF the
present Territory OF Dakota, was then
changed from Pembina to Huron, and
the bill was passed. ~.
The Chair laid before the Senate q
communication from the Secretary OF
War. inclosing the report of Major Com
stock, of tho corps of engineers, showing
the condition of the work OF improving
the South Pass of the Mississippi.
Ordered printed and to lie on the table.
The pension appropriation bill passed
with amendments submitted by Mr..
Davis, requiring the Commissioner
of Pensions to hereafter incorporate IN
his annual report statement showing
the amount paid for additional pensions
and also the annual reduction in pen
sions.
The discussion on the resolution OF
Mr.. Mitchell, authorizing an inyestiga-
tion as to the appointment of Mr.. Cronin
Presidential elector IN Oregon, was then
resumed.
Mr.. Bogy resumed his argument
from the point where he had sus-
pended yesterday. The Committee on
Privileges and Elections of this bod dy had
got to be most important committee.
No man could put his foot into the Sem
ate till he had passed the ordeal OF that
committee. No man could be Senator,
whether elected by his Legislature or
not, unless be was also elected by the
chairman OF the Committee on Privileges
and Elections. The Senator from Indiana
T Morton of this committee, reminded
him Bosyl of what is called in modern
times a Returning Board. The Com
mittee on Elections had got to be the
great Returning Board OF the Senate,
These Returning Boards were new in
vention. 1t was conceded that TIlden
had popular majority of 100000, but
Hayes had threet Returning Boards, so
that to cipher the thing down, one Return
ing Board was worth just 100000 votes.
Mr.. Mitchell had said that il the Return
ing Board in Oregon could carry out its
purpose it would be equal to 45,OOO,OOO Of
people. He (Bogy) was glad that this
Oregon matter had happened. 1t was
most fortunate thing, as 1t had compelled
the Senators on the other side to investl
gate all these questions as they should
do. The Oregon case has upset all this
argument about DTima tocie case. If
it had not happened there would have
been no end TO the arguments on the
other side about the returns from
Louisiana and Florida constituting
a prima facie case, and Congress could
not 90 behind the act of the Returning
Boards of other States, now. 1t was
plain that Congress had the right and
power to carry out the sovereign will OF
the people.
Mr.. Morton said the Returning Boards
were not new invention; they were as
old rs the Constitution of the United
States. There was not State in the
Union which had not authorized
one or more persons to CONT
the votes and certify who was
elected. In some States, Ms in Louisiana,
these boards had discretionary and judi
cial powers. The decisions Of the Return
inc Boards in some States, by the laws
of the State, were made final. In Ore
gon the Governor had no discretionary
powers; no judicial power. he had no
power to count fraudulent vote. In
Louisiana the Returning Board had
bronI judicial power 1t might have
made a wrong decision; he would not dis
cuss tn t question now, but the Governor
of O rgon exercised powers not given
him by the laws of the State.
Mr. Eaton said he would not count
vote which be believed was thrown to
elect the man who had triumphsntly
been elected President by the American
pecple. He did not desire the sdvsnt.
age of any wrong in this canvass OF the
votes by the Senate. He argued that
every ballot cast for Watts was no more
than blank piece OF paper, and the
Governor OF Oregon, taking that view OF
the case, saw his way clear to give Gro
min certificate, ss every vote gwen
for Cronin was IA proper, legal
vote. By strict construction
of the law f Oregon, the certificate of
election to Cronin was right and proper,
though he Mr.. Eaton thought the Gov
ernor should have certified TO the cIec.
tion of two men, and only two men. He
T Mr. Eaton would not vote TO place IN
the Presidential chair the candidate o:
the Democratic party on the vote OF the
eIactor from Oregon. The political
stomach of the senator from Oregon,
Mr. Mitchell seemed TO be disor-
dered now by very small matter,
but it could stand the garlic OF
South Carolins, louisiana and Florida.
He then read the recently published Jet.
ter of John j. Long, Republic an candi-
date for the Louisiana Legislature, DE-.
clining to accept the seat awarded him
by the Returning Board on the ground
that he had been isirly defeated by his
DeHOCrallS Opp'HeAN' a'N 'N7-'AI' 90 ''T
argument, said tha: single witness Ike
this man weighed down dozen stttda-
Wits. Mr.. Long SAID there was no intIm.
idation in De Sofa parish, but the Senator
from Ohio Sherman declared there
was. In conclusion Mr.. Eaton argued
that the representatives, OF the people
could not do wrong. The President Of
the United States had been quoted as
saving he would deliver over the office 70
HAYES if he should be declared to be
elected. The President had nothing 70
do with it. 1t would not do 70 talk
about enforcing anything. The good
sense of the people OF this country would
see that Justice was done. NJ. Eaton
slso argued thst the President of the
Senate had no more right TO count the
vote for President than one OF
the pages. The President OF the Senate
was o. president OF the joint convention
unless chosen by the JOINT covention 10
that position.
Mr Sherman said be was not informed
that the Returning Board had returned
Mr.. Long As elected to the Legislature
from De 500 parish. He thought the