The New York herald., 1876-12-12
OPPOSITION OF SENATOR MORTON.
Why the Power Should Not be Given
to the Supreme Court.
intimidation of Government Employees
in the North.
SENATE.

sustaining the ruling of the Chair existence OF
the joint rules account OF severe iudispositon
Had he been present he would have voted TO sustain
tue ruling OF the Chair
THE LOUISIANA DEMOCRATIC
MT BoGY. (dem) OF No., said he desired 10 present,
purpose OF having printed, the report of the
five democrats who invited by the Returning
Board Louisiana to be present at the OF votes
given in that State IN the late election.
Mr. INGALLS, Tep) OF Kansas moved that It be re-
ferred TO the Committee on Printing
Mr. BoGY said the report presented by the other side
had been printed. and this paper should be printed
now, that all the facts might 20 TO the country.
Mr.. HAMIlN asked If the paper presented TO the
Senate.
Mr.. BoGY replied that IL was not. Neither was the
report OF the other side addressed to the Senate.
Mr.. EDnuSps-rhe other document was Il message
from the President of the United States.
Mr.. BoGy said 1t the understanding when the
report OF the other side presented and ordered that
the report OF the democratic committee should also be
printed when presented.
Mr. EpMuSps said 1t settled rule OF the Senate
not receive papers which were not intended to ac
company something before the Senate were not ad
dressed to the Senate 10 print this would be in viola
OF all the rules OF the Senate He had objection
to having the papers printed. provided be done in
regular and proper manner The Senator from Missouri
(Mr. BoGYl could turn the paper into petition and
then it would be proper to PRINT it.
Mr.. BoGy said hv had authority to change the
form Of the paper.
Mr.. EpMuNDs-You can get authority within few
hours.
Mr.. BoGY raid he could have the aper read rs part
OF his speech, and thus have il printed.
Mr.. HAMlIN said he had no objection to the printing
H the paper provided it be addressed TO the Scnate
but to order that 1t bc printed its present shape
would be a violation Of all the rules OF the Senate.
Mr.. CoSKLIsG, trep) Of N y. said all agreed that
This paper presented within the rules OF the
Senate. Any citizen Nigh, address this petition to the
Senate The Senator from Missouri (Mr Bogyl might
address memorial 10 the Senate making this paper
part OF Il, and 1t would then be proper TO prn H.
Mr.. STEVENSON, (dcm. OF Ky, and Mr. MCDONALD,
tdem. OF Ind, SAID they would join with The senator
from Missouri (Ar Bogyl IN preparing petition to DO
presented to the Senate OF whch the report oi the
democratic committee presented by Mr.. Bosy should
be made part And IT was determined that this
course should be adopted
ExrESsEs COMMITTEES.
Mr.. WINDOW. trcp.) OF MIMI, from the Committee on
Appropriations, reported the House bil! aproprating
sal 900 dclray the expenses OF certain special COM
mtees OF that body appointed TO investigate the re-
cent election in South carolns Florida aud LOUISIANA
with amendment approprA,irg $4,000 10 deiruy
the expenses OF the Committee on Privileges and
Elections in making the investigation IN the rcce
election IN South Carolina Florida Mississippi, Louis-
Ana Georgia and Alabama, ordered by the resolution
Of Mr.. Edmunds.
Mr. CocKRsLI, dem, OF Mo-, inquired how much
the House bill appropriated.
The CHAIR replied S2l,O0
Mr. CocKRELI-S2l, 900 for the three committees Of
the House and $50 000 for the Committee on Privileges
and Elections OF the Senate.
Mr.. WINDOW said the Committee on Appropriations
was guided entirely by the Committee ON Privileges
Mr. MoRroy said the Committee on Privileges and
Elections had estimated that the investigator would
cost $4,000 or course more would be expended
Than was necessary. Tho amendment was agreed 10
and the bill passed.
BILLS ASp RESOLUTIONS
Mr.. MITCHELL, trep.i of Oregon, from the Commit
tee on Privileges and Elections, reported substitute
ha uftppV lp mi hx hftn
the committee 10 inquire iuo The clieihility OF Mr
Wats, the Oregon cccior, and asked for It's present
and it went over
DEPUTY MArsnALs sourE
Mr.. BAyARD. (den.l Del, submitted resolution
directing the Attorney General TO inform the Senate
lho number OF deputy marsnas employed
throughout The United States IN connection with tho
election held November last s,ang the number
employed IN each state ard the period OF mo they
Mr.. EDuuxps, OF Vermont, said he desired olcr
an amendment to the resolution and asked that II 10
laid over TIL tomorrow 80 ordered.
Air. MORTON, (rep.) OF Ind, submitted resolution
providing that the various sub-committccs on prvi
le2cs and elections authorized 10 inquire into and
port the late election certain southern states
under ,he resolution OF MT Edmunds, shall be known
as committees oi the Senate, and that the chasrmen
have power to administer oaths. Agreed to.
Mr. boutwell,, trepl OF Mass. said when the adGi-
tional members OF tho Cominiitee Oh Privileges and
Elections appointed 1t wns the undcrstu nding
that their duties would be discharged here IN Wsshne-
ton The commute now thought to be necessary to
send subcommittee 10 several States, and he now
asked to be excused from further service on the COM
mitiee So ordered
Nj. SHERMAN, (rcp.l of Ohio presented the petition
OF General Joseph T.. Johnston asking the removal OF
his political disabilities Referred 10 the Committee
on the Judiciary
The Senate then resumed consideration OF the un-
finished business beng tho JOINT resolution OF Mr..
Edmunds propos ng an amendment TO the constitution
o the United States to have the electoral vote
Tor President and Vice President counted Dy the SUI
Iremc Court ana The amendment proposed by tho
Committee the JUDICIARY providing that the electors
shall vote rra roce instead of by ballot was agreed TO
Court SHALL in the discharge oil its duty, disregard
errors Of form and be governed hy the a right
OF the matter. lie argued that this clause would give
TO the Supreme Court boundcss Jurlsdictioa. IL
would authorize that body 10 do almost anytning per-
haps 10 go aud count the votes Ia the state OF Yer
mont A State jurisdiction should not be conferred
upon any tribunal II was dangerous.
Mr. EpMrSps said the object OF the clause was not 10
authorizc the Court TO exercise bouudcss jurisdiction,
authorize the Court to do exactly what all courts
co IN matters which they called upon 10 settle and
that was to disregard forms and decide upon tho SUD.
s,an,ial right OF the matter He then ex-
planned at length tho provisions OF the
lont resolution proposing the amendment
not device, some of tho newspapers had inti-
mated. to swap horses while crossing stream. IL
was introduced By him in the Senate The I'D OF
March last almost year ago, and reported iasorabiy
by the Judiciary Committee, with amendments on the
goth OF May following, before either o the Presidential
candidates were nominated. He then referred to tho
proceedings OF the Convention which framed the con-
sltution and SAID he had been unable 10 Ind any
thing in tho debates OF the Convention which threw
light the clause OF the constitution IN regard 10 the
count OF the electoral in presence ot the Two
houses of Congress The extent of the power of the
presiding officer as to the count was not defined For
many years there had been among gentlemen OF ell
parties wide difference OF opinion as TO the meaning
OF the clause in the constitution IN regard 10 the
counting OF the electoral vote, and 10 settle that
aoubt the Committee on the Judiciary had ihoueht II
desirable to report this proposed amendment
MIR. Edmunds then referred to the acts OF Congress
early Ia the history OF tue government ana The de-
bates which then took place in regard TO the subject
aud said in 1903 an amendment TO tho cohstliction
now known article IL OF the amendments, was
agreed 10; but no could draw light from tho dis
cusson which took place upon this amendment as 10
the true intent and meaning OF the constitution
From 1903 to 1864, period OF sxiy.one years. there
no provision by law or no provision by any JOINT
rule which undertook to deal with that provision OF
the constitution no next referred TO the laic twenty