The New York herald., 1876-12-14
CONGRESS
The Resolution to Investigate the
Electoral Vote Of Oregon.
Mr.. BAYARD'S OPPOSITION TO THE PREAMBLE.
Authority Of The President Of the Senate
Under The Constitution
VIEWS Of DEMOCRATIC SENATORS.
Rejection Of the Amendment Giving The Count
ing Of the Vote to the Supreme Court.
PASSAGE or THE BLAND SILVER BILL.
interesting Debate in the House on the
Double Standard
VIEWS Of DEMOCRATIC SENATOR'S.
Rejection Of the Amendment Giving The Count.
ing Of the Vote to the Supreme Court.
PASSAGE OF THE BLAND SILVER BILL.
interesting Debate in the House on the
Double Standard.
SENATE

WAsHIxGroS Doc i3, 1874
Nr. ANTHONY, trep.) OF r. from the Committee on
Printing, reported iavorably the resolution to
print 5000 copies of the statement prepared by the
Chief Clerk OF the Senate in regard TO the manner OF
counting the vote for President and Vice President
from 1859 TO 1873 inclusive Laid over at tho request
of Mr.. Thurman.
He also reported from the samc mmttee . reso-
luton to print copies OF the Message OF tho
President and accompanying documents in regard to
the late election In louisiana He asked for its pres
cnt consideration, but objection mado by Mr.
Thurman and II was laid
Mr.. ANTHONY, from the mittce, reported .
joint resolution 10 print TO- 900 extra copies ofthe
Message OF the President and accom- panying docu-
mcnts in regard TO the late election in LoVsiana-
500 copies Tor the Of tho Senate
ana 1900 copies for the use OF the
House OF representatives, In explanation Of these
resolutions Mr. Anthony said the first resolution to
print 1850 cop1s a simple Senate resolution and
the other resolution TO print 10000 extra copies re-
qured the concurrence OF the House Of Representa-
tvcs. and therefore Il must be u joint resolution.
Mr. THURMAN objected to Its present consideration.
Mr.. ANTHONY gave notice that would call II up
tomorrow, II could be printed for less money
than II It be postponed 20 some iuturc time. Tne
mator had already been printed for tho use OF the
Senate and the type standing at tho printing
Office
THE OREGON ELxcross
Mr.. MIrcHELL called up tho resolution recently scb-
mitted by him authorizing the Committee on Privileges
and Elections investigate the facts attending Ihe
appointment or electors In Oregon.
Mr. BAYARD, tdcm OF Del, sa,d he hoped the Scna-
amendment to tue preamble Of this resolution
enable some, OF those OF the democratic
SIDE Of the Chamber to vote for T. For For
Information which could be obtained regard TO this
important class of subjects now coming before the
people OF this country There could be just sufficient
recital Of affairs in the preamble TO justify the
inquiry without rejecting on tho Governor Of
one Of tho states OF this Union. Anything and
every thing witch tended 10 defeat tho grcas
majority principle Of tho republican govern
The is viii Of the people Expressed according TO law
SHOULD be held the controlling power He re-
GREETED that there should have been such question
this growing Of the vote OF the people Of this
Union any State thereof His loanings wore alto
gether iavor OF the absolute popular VIII Of tho
plc expressed according TO the forms of law
In this oregon matter he was not prepared to de-
nounce in advance tho action of an officer clothed
with official power. He not prepared to say that
| . man who had heretofore stood hign in
tho community where he had resided, where
na% Oesn ,na state bad NOT onrr,ed on, me
laws OF the United states and his State honorably
The Senate had no rignt TO suggest moral or Official
delinquency any one before an investigation. In
time like this nothing less than justice untaintcd by
party would satisfy the minds o the American people
in certain States the law had boen construed and
declared as 10 justify the course Of Governor
Grover. In 1850 the Supreme Court OF
the rooss4ea % kn0wa Socso o. ,s
Governor OF that Slate could determine against
the decision OF board OF canvassers whether an ap
pcant or person vvtod for entitled TO receive
commission not He next quotei from the case OF
prico against Baker before the Supreme Court of In
diana III 1S72 show that that we'll as the
previous 1860 the doctrine nounced that
where majority Of tho ballots at election cast
Tor an Ineligible candidate they were Intellectual and
the person receiving the highest number Of
was entitled tho office. In 1872 the Court was CON-
posed Of new Judges there being but e on the bonch
occupied seat there In 1850, when the first deci
| sion n.acc.
Mr. Bayard road at length from these decisions and
rcsuming his argument sald:--Evcry one must SEQ
how unjust IL would be to declare that the Governor Of
certain State had done certain act before learning
all the facts II would be the duty OF every member
OF this Senate decide judiciay upon the acton Of
tho Governor OF Oregon and he woud obediently wait
and respectfully consider any Information which me
| the officer IN advance. II would not 40 10 huri
| anathemas and denunciations at man Who pal
| pably with legal authority at his back, had chosen
to construe his duty in certain way. He lMr. Bay.
| ard) could not doubt that the motvc Of Governor
| Grovor honorable and upright one, because
such honorable would be ip consonsnce with his
previous He quoted from the case OF French
against Doland decided IN me Court o. Common Pleas
majority candidate was ineligible the votes tor sucn
candidate were thrown away and minority candidate
/ Resuming his remarks. Mr. Bayard said he would
never defeat the will Of the people by technicahty
unless required 10 do SO by the strongest law ct he
could be held 10 such action by law and the Senate
should diligently inquire into all The facts lie moved 10
strike ou. the preamble resolution presen ed
by the Senator from Oregon Mr MitcnelD ard insert
in liou thereof the following
Whereas alleged thai the Governor Of the state Of
cfosn IS one the electors q 81. Instead Of
.es 20 20 ,s ONCE o On
I 1875. the time Of said erection: Therefore be =
tons ia hereby instructed 20 investigate. &C.
Mr. Bayard, IN conclusion. argued that Congress
must decide the question now before w,.n .he mos
| ,csis. aud our laws never had been moro iorcioy
| brought 10 the tcst than now
D.p Mr. al nd faY ho
ular order and the resolution went over.
MR.. KDMryps' AMENDMENT
Tho Senate thon resumed the consideration OF the
regular order being the joint resolution proposing an
amendment the constitution TO have the cIcc-
| toral vote counted by the Supreme Court.
i AgGuxsSr nooy.
Mr.. BoGy. dcnl) Of No. spoke Of amending tho
constitutions and SAID II should be done but Sc dom
! When proposition was presented 10 amend this su-
| premc law OF the lana II should be examEcd with
great care, He then read al great length from tho
journals OF Congress III regard 10 the manner OF count
ing the electoral vote sincc the organization OF the
| government, and argued that the votes had always
been counted by tcers appointed by the two
houses Of Congress and not by she Presiden,
o The Senate. He next rcferrcd 10 the
!. be IN force or not il was nothing more nor les,
than the twelfth amendment 10 the constitution oi
the United states. The practice oil the two houses o
Congress counting the electoral vote Tor tho last
sixty years had upon the samc principle AS the
twenty second JOINT rule. Hc argued that the rule
was prepared by JOINT committee OF the two houses
and passed UNANIMOUSLY by both houses He inquired
| II his trend, the senator from Vermont tMr Ed
munds. was III the Senate IN 1868, when the twenty
| second rue was passed.
Mr.. EDMUSDs replied that the people OF vermont hac
mol found Out his merits then.
Mr Bo0y--l think II was very fortunate thing iol
the JOINT rule that the Senator was moi
here, for he would have made somc objection 70 IL
(Laugnter.)
Mr. EpxuSDs--i think should have done 20, as We
have ali done since Rcncwed lnughtcrJ
Mr BoGy, rcsuming spoke OF rccciving and count
ing tho electoral vote and sAid the nrst question pre-
scDted WAS one OF the reception Of votes, not Of the
rejcction and required tho concurrence OF The two
houses OF Congress 10 receive the vote o state
Mr.. EDxusps said that, according 70 the argument
OF the senator tMr Bogyl " the objection Of on,
house OF Congress could REJECT the vote OF state, The
vote Of every State except Delaware, or one OF th'
smaller States might 10 rejected by or the othe
housc, and the vosc Of such small state would ther