National Republican., 1876-12-12
NATIONAL LEGISLATURE.
sICOND sEssIO =.

senate.
The Senate was called to order by PRESI-
DENT pro tempore FERRY at Il O'Clock IN.
and prayer was offered by the chaplain.
Mr.. HAMLIN said he was absent on Friday on
account of illness. II be had been present he
should have voted to sustain the ruling of the
Chair.
DKltocRATIc RRPoRT ON LOUISIANA. =
Nr. BOGY presented report Of the fve Demo-
Gratis who went to Louisiana to witness the count
of the returning board. He said it was very
able, and as the understanding when the Sher-
man report was presented was chat this should
be printed well as that report. he would ask If
it was proper that 1t now be printed.
Mr.INGALLS moved its reference to the Com
mittee On Printing.
Gfr. BOGY. To Mr.. HEWITT.
Mr.. HAMLIN. Is 1t addressed to the Senate?
Mr.. BOGY. No, sir.
Mr.. EDMUNDS. There is a rule Of the SEN
ate which prevents the reception Of communica-
tions to private persons, and it VIII be necessary
to amend this before we can receive 1t. will be
glad to have 1t before u.s.
MIR. BOGY offered to read it as part of his re-
AT the suggestion of Senators It was decided to
put IL in the form of q memorial to the Senate,
and Messrs. STEVENSON and MCDoSALD agreed
tho Senators agreed that II ought to come before
The Senate and be printed. 1t was then referred
to the Committee on Printing.
COLORADO PETITION.
Mr.. CHAFFEE presented a petition Of certain
citize lens asking for q new land district in that
State
THE COST OF THE INVESTIGATION.
Mr.. WINDOW, from the Committee on Appro-
priations, reported back House bill providing for
S2l 600 for expenses of Southern Investigating
ssfor committees of the House" be added, also
'sthat the sum of $4,000 be appropriated for the
Senate Committee on Privileges and Eleetions:"
NJ II. arnfx ana hnf1ao 10 md nj
lars for three committees Of the House and
$4,000 for one committee Of the Senate.
MT WlNR0M and d., MT moRT0s explained
would require that amount, as the committee was
divided into several subcommittee. They
sary. % The amendments were % adopted and the
MI. DAVIS said the House might probably
ask for an additional sum, and he alluded to 1t so
that the Senate need not be surprised when the
request was made.
THE OREGON ELKcTIoN.
Mr. MITCHELL, from Committee on Privi-
leges and Elections, reported the resolution in
preamble be amended in its recital. >- ''''' ''''
Mr.. COOPER objected; and it went over.
RESOLUTIONS AND PETITIONS.
Mr.. SHERMAN offered q resolution for print
ing an additional number of the Presidents letter
on Louisiana affairs. Referred to the Committee
He also presented petition from Gen Joseph
E. Johnston, asking for the removal Of his pollti-
cal disabilities. Referred to the Committee on
MI. MITCHELL: Bill for further improve
ment Of Columbia river. Referred to the Com
BY Mr. BAYARD: A resolution calling upon
the President for the number Of deputy marshals
employed during tho late election. Ordered
Mr.. EDMUNDS said he would offer an amend
By Mr.. MORTON: resolution making the
cr,h nF thn
Privileges and Elections the same as committees
Of the Senate, to entitle them to- administer
By Mr.. HOWE: A bill for the relief of L. H
B. O. Schneider and W. G.. Duvall. Referred to
the Committee on Claims.
Mr.. BOUTWELL, said when additions were
made to the Committee on Privileges and Elec-
tons it was thought the work would be done in
Washington, but now 1t was decided necessary
committees of that nature, he asked to be ex-
cused from serving on this. Granted.
COUNTING OF ELECTORAL VOTES.
The PRESIDENT pro TEN. II there be no
further morning business the Chair will call up
the unfinished business Of Fridays session, which
amendment to the Constitution Of the United
States. The joint resolution is before the Senate
as in Committee of the Whole.
The joint resolution introduced by Mr.. Ed
MUNDs on the I'D Of March last, is as follows:
RsStvsd % nS s Ssssts a sns Eoass q
therein, That the following article be proposed 70
nen e e of ss TnS II a. s1st
:iaiHres sSalli be valid as part or the GOnstita-
ARTICLE XII.
That the twelfth article Of the amendments Of the
Constitution be, and the same Is hereby, abrogated,
same 1. e,eby, ordained and established. namely:
The electors shall meet me in their resgeetive states
dent one whom at least shall not be an inh shit
ant or the same State with themselves; they shall
sRd sist%ss Il s1IIsss Sstss o.
sealed to the seat Of Government OF the United
e IL Sna q ts ns sa
al sme sb a1a ansd axe By ,S
votes, and the person having the greatest number
of votes for President considered by the court to
sne Sse be ss al the be
whole number of electors lawfully appointed; and
to HSe S
kepresentstiyes and then, from the persons having
Of those Voted for as President lie House Of Rep
resentatives 2 shall choose I Iimmedately, by gtea
by states, the representation from each State hav
show majority for amy one eandidte the vote ho OF
such State shall not be reckoned. quorum of the
electionshaII consist Of a member or members from
two thirds of the states. and majority from all
the first vote there shall be failure to elect fur
ther votes shall Immediately continue 10 be taken
And if the House Of Representatives, shall not
choose President, when the right of choice shall
next following, then the Vice President shall act as
Il IN ae or sV
ing the greatest number OF for Vice President
such number be majority OF the whole number of
jorify, then from the two highest numbers on the
list the Senate shall choose a Vice President. A
Of the Whole number Of Senators. and majority Of
the whole number shall be necessary to q choice.
office Of President shall oe eligible to that of Vice
the aSa S
be eligible 70 be elected as President Vice Pre.i
shall have ceased to be such Justice.
The joint resolution was rep reported BY the Com
with amendments; which were agreed to.
The next amendment offered was as follows:
But the court SHALL in the discharge of the duties
herein provided. disregard errors OF form and be
governed bv the substantial right Of the matter.
Mr.. MORTON. Mr.. Pre- sident I think such
an amendment as that ought not to be adopted
without some consideration. This amendment
will give to the Supreme Court boundless juris-
diction. There is no limit to 1t.
But the court SHALL in the discharge of the duties
governed by the substantial right OF the matter.
think that would authorize the court to do
Sotes in sats d SUCH urs
diction as ought not to be conferred upon any
tribunal without very grave consideration. This
makes the Supreme Court a returning board au-
thorized to do the very right in the matter, to
disregard all matters of form, to go behind every
kind of document and do what they think is right.
certainly think that is very dangerous power
to confer on any tribunal.
Mr.. EDMUNDS. Mr.. President, If the Sena-
tor from Indiana is right in his suggestion as to
the scope Of this amendment, should agree with
him entirely; but the object Of the committee
was-and If we have not attained that we cer-
tainly desire to attain tito authorize the court
not to exercise a boundless discretion, or to go
forward to count the votes of citizens to retry
any question that the State authorities had, ac-
cording to their laws under the constitution, tried
and determined, but to do exactly what the Su-
preme Court Of the United States and the Circuit
Courts and the District Courts Of the United
States and the courts Of the several States are
authorized by the laws Of the United States and
the several States to do in the matters which the
dsfects dacida ancnrdinar q a