The New York herald., 1876-03-14
The Counting of Votes for President
and Vice President.
The STATES AND THE FEDERAL GOVERNMENT.
a Gentleman from Buncombe on the
Floor of the House.
Report Of the Conference Committee on the
s.65 District Bonds
SENATE.

WARRINGTON, harch 10 1870.
A number of petitions presented and apprO-
priately referred
on motion OF Mr.. MORTON, (rep) OF Ind, the Senate
took up the bill provide for and regulate tho
ing OF votes for President and Vice President
Mr.. BAYARD (dem. OF Del, briefly addressed the
Senate In opposition to the bill
Mr.. MORRILL,, (rep) Of VI, obtained leave 10 intro
duce bill TO remove from the streets OF Washington
tho tracks OF all railroads using steam power. and O
memorial OF citizens accompany the bill. Referred
to the Committee on Public Buildings and Grounds
Mr. MORTON said the bill providing for the counting
OF votes for President and Vice President before
tho Senate, presented three important changes from
the old method, which he proposed to point The
bill provides debate explanation while the vote
being counted. 1t provides against the disfran-
rhisement OF any OF the States and II provides that
shc vote OF every State shall be counted
Mr. EATON, (dem.l OF Conn. said that the second
OF the bill provided that the returns from such
State shall be counted which the two houses acting
separately shall decide to be the true and valid return
ana asked what would be the effect II the House de-
cided that set of returns correct and tho
Senate decided that another set was correct in case
where there two sets of returns from State
Mr.. MORTON replied that in such as that the
vote OF the State would fall TO the ground and the
state would lOso It's vote, Tor there outside
tribunal constitutionally qualified TO decide the matter.
Mr. boutwell,, of Massachusetts, SAID he had the
I.
Motonl had although he should probably for the
bill lie did not assume that the Vice President had
any other duty to perform than simply to open the
returns For nearly a century the old method had
been ia use under the constitution and 1t pos
sole for Congress to delegate 1t TO court anybody
else.
Mr. THURMAN, tdem) of Ohio, said 1t was time
that some such measure as that should be
adopted, for he could easily foresee that the
votes Of States might some time be thrown
out TO such an extent to plunge the country into
anarchy and rebellion. II could not happen once in
thousand times that the Vice President would not
know just what package OF returns contains the votes
open H. II ihrough his (Mr thurman 81 soiica-
non that the Senator from Indiana introduced the
second section OF the bill and he considered It neces
IL any Senator could devise botter plan he
would be glad 10 hear IT,
Mr. wMYTK (dem.) ofMd said he would have It LEFT
lust where our fathers and the constitution lett He
held that the Vice President had the right decide
which was the correct set Of returns The Houses
were present as witnesses of the transaction. He
would not allow anybody mcddle with this matter
but he would much rather the House would do than
the Senate. The House represented the people and
came from the people every two years, while the Sen
ate did not and he would prefer TO let them decide the
matter II II was to be changed at all
Mr. COOPER (dem.l of Tenn entertained the same
opinion, and moved TO amend by adding after the words
the two houses acting separately shall decide be the
true and valid RETURN, the following rds:-''And If
the two houses cannot agree then the House OF Repre-
senatives. voting by States in tho manner provided
by the constitution when the election deyoves uuon
the House, shall decide 10 be the true and valid
turn"
Mr. KERSAN fdem) OF n Y dissented from the
Senator from Maryland tMr. whytc( lie did not think
the President pro enpore had the right which
the true and valid returns, and he did think
The constitution warranted such conclusion. IL said
he should open all the returns and they should DO
counted lfany question should arise been
lpoken Of then he would prefer to have the House
iecde the matter they clearly represented the
'eope
Mr. MORTON said-Then If the House voted on tho
question by States, the state which had but one
representative would have just much voice In the
matter as the State Of New York, which had thirty
three representatives He SAID lie had once made a
computation of the matter AMI had asccrained that
iorty-nve members OF the House voting by States and
representing 5000 900 OF people, could outvoto the
other 2iT members representing 35 600 900 Of people
Could anything be conceived OF that would come
further from the will OF the people The principle
yoved IN this bill Is precisely the that upon
which all legislation of the country depends II the
two houses cannot agree upon a bill before Congress-
third party arbiter referee II power be dele
gated the House decide upon valid returns, II can
delegated the Senate II be delegated TO the
Vice President the President, and the entire Will Of
tne people be set aside; the idea of selecting
referee umpire TO decide question OF this character
absurd
Mr. FRRLSGHUYsES, lrep.l OF N. j., said that as
absurd the idea there several precedents
for IL and he instanced the OF Iowa. wherein a
Governor had been declared elected and O question
arising the Court of Claims was delegated umpire
Mr. ALLISON, (rep) OF Iowa, introduced a bill pro-
viding for agreement with the Sioux nation in
gard 10 portion of their reservation and Tor other
purposes Referred to the Committee Indian Affairs
AT ten minutes past four the senate execu-
i've session and at ten minutes to hvc adjourned.