The Portland daily press., 1877-01-26

the dogs Of war;? II they were not, then be
appealed to them by all the memories of the
past and all the hopes of the future to pause
before they entered on the struggle, the end OF
which no man could foresee
Mr. Hoar advocated the bill. He said the
dangerous period which statesmen had foreseen
in American history had arrived. In estimat-
ing the danger he was not afiected by any fear
of civil war or any measure OF violence. Such
threats, If made in a 81 iIit OF empty buster de-
served nothing but contempt. If serious, they
deserved the indignant scorn and condemDa-
ton of the whole American people. But the
evil-of civil war was not greater than the evil of
yielding one iot of lawful authority. Nothing
could be more injurious to the who'e Republic
than that a man should be put in the Preslden-
tial office whom at least one half of the Amer
lean people would regard as usurper. He
could not conceive that the trainers of the Con-
stitution ever thought OF yielding to the Pres-
dent of the Senate the vast power OF counting
the electoral votes. That power was in the two
Houses of Congress just as the English ParlIa-
ment had for centuries regulated all questions
affecting the succession of the Grown. The bill
had been spoken of as compromise. He
thought justice aod right were compromised
when they were submitted for their decision to
force. They were compromised when they
could only be maintained by the exercise of
doubtful power. They never could be cOmpro-
missed by being permitted to stand before tri-
bunal clothed with judicial powers, surrounded
with judicial safeguards and invested with legal
authority BY the law-making power of the
country.
Mr.. Hale of Maine said he was sensible that
in opposing the bill be laid himself open to the
charge of being intense partisan, but no
gentleman who bad spoken in favor of the bill
had discredted the honest objections which re-
manned in the minds of some people He was
also aware that he would lay himself open to
the charge of obstrucung peaceful settlement
OF the Presidential question. The voice of the
great cities has been heard and from day to
day petitions have been presented from them
in favor of the bill. The cities were entitled to
respect. but God made the country aud
man made the town. and he was wiling to
rest on the sentiment of the couI try. He had
from the first been inclined to oppose the bill
and his doubts and fears had ripened into a
positive convection against the bill. The prOpo-
sition was based on prfound fundamental er
rors. This bill, he said, started by the bold
assumption of the power of Congress to regu
late and control the election of President,
which power in his judgment had never been
lodged in the two Houses by the trainers of the
Constitution. Whatever the popular impulse
might be now this bill would not be sustained
by the American people when they should
have time TO measure and contemplate itsIcon-
sequences 1t struck blow at the electoral
college which stood as high in the Constitution
as the Presidency itself and shattered it from
turret to foundation stone" and it substituted
any time thwart the will of the people and rem
der nugatory deliberate and expressed judg-
ment He had listened to strophes and illus
trations ingenlously framed in the other end of
the Capitol as to what might be the evils of a
single man deciding the Presidential question,
but it was fact this commission virtually
gave the power of deciding the election to the
justice of the Supreme Court, who would be Sc
lected by the other four.
Mr.. Hewitt of New York thought the bill
frnFp dnd
was likely to come before Congress during the
present generation. After the present election
be had believed Tilden and Hendricks wera
elected and nothing had occurred since that
time which could otherwise than strengthen
that conviction. He believed, however, that
the Republicans had determined, through the
President of the Senate, to count in Hayes.
The House could not remain passive, but would
insist upon counting Florida and Louisiana for
Tilden. The result of such state of things
was civil war. There was no escape from that
position except by an agreement between the
patriotic men of both parties who preferred the
good OF the country TO success of party. Par
tlsan as he was supposed to be, but patriotic as
he hoped henceforth to be regarded, he deemed
it his bounden duty to labor zealously toward
the attainment OF some just and constitutional
plan OF settlement whereby but one President
should be declared by title which all citizens
would respect and which no considerable num-
Der of voters would dispute. The bill, even il
not within the strict letter of the Constitution,
was certainly within its spirit. 1t substituted
law and order for strife and anarchy. 1t meant
the supremacy Of the civic over the military
power. 1t meant the preservation OF the an
tonomy OF states. 1t means the oblivion of all
the bitterness of the past security for the pres
ent, hope for the future.
Mr.. Monroe of Ohio, expressed deep regret
that he could not vote for the BILL He had
given it careful and candid consideration,
but there were some objections to it which to
his mind have proved insuperaole He stated
the constitutional objections to it, one of which
was that it irrevocably deprived che Vice Presi-
dent of all power to ascertain and decide the
lawful electoral votes. He denied thai Con-
gress had a right to give away that power of
the Vice President to any other body. He be
ieved the bill confcted with most of the prin-
ciple theories held on the subject. He should
prefer to have the electoral vote couuted ia the
old way and trust to the good sense, modera-
ton and patriotism of Congress and of the
country for peaceful and satisfactory re-
suit.
At the close of Mr.. Monroe's speech the
House at 80 took recess till Z, 80 p m.
EVENING SESSION.
Mr. Hooker of Miss, in the chair as Speaker
pro TEN.
The intense public interest manifested
through the day shows no symptoms of abate-
ment, the crowds in the galleries even being
IL L
aoce OF members, as is usual in night sessions
for debate, was very small, not more than doz-
co being ia their seats when the House was
called TO order.
Mr. Caldwell of Tenn, advocated the bill
He declared himself ready by his vote to COM
NIT the cause In winch he believed to the tr-
buna provided for in the bill, aud was assured
that through 1t the country would find peace
and prosperity.
He was followed by Messrs Stevenson of
ILL.,, and Cauld6eld of ILL.,, also in support of
the bill.
Mr.. Springer of ILL.,, alsoI advocated the bill,
declaring that the inevitable result of a failure
to pass t would be that Tilden would be pro-
claimed President 10 one end of the capitol and
Mr.. Hayes in the other.
Mr.. Willard advocated the bill and urged
tnat mere partlzan considerations shoald be
lost sight of and set aside in favor of the pub
lie interests. If history, he said, had shown a
single other road to the ruin of free govern
ments than party strife, then public apprehen-
sion at this time might seem grOundless but
! when they came pear the gateway which all
the teachings of history showed to be the sole
and exclusive entrance to the destruction OF re-
publics no party could hesitate in the adoption
OF some measure which would prevent that
gateway from being opened.
The next speech was by Mr.. Smith of Pa, in
opposition to the bill aud in favor of the right
of the President of the Senate to count the
electoral vOte
MIR. Garfield of Ohio desired in the outset to
say some good things of the bill. 1t had some
great merits which ha most sincerely recogniz-
ed. 1t was intended to abate strife in great
and trying crisis OF the nation 1t was intend
ed to aid in tiding over great present difficult
ty, possibly great public Danger 1t would
doubtless bring result and woald leave the
person declared to be the elect of the nation
with more undisputed title than perhaps un-
der any other method as yet suggested. II be
lad to speak of the bill only as a partisan he
should say that he was not afraid of its opera
ton. The eminent gentlemen who would COM
pose the commission, eminent for their charac-
ter and ability, were men who he believed
would seek to do justice and would do it. Be-
lieving as he dd, that Rutherford B. Hayes
had been honestly elected President, he should
confidently expect that an honest and fair
commission las doubtless this would be) would
find that to be the fact But it might find other
wise and if it did all good men everywhere would
submit to the result. He had heard today a
threat of civil war. The Roman Senate had
never deliberated under the threat or in the pres
ence of war. If he was convinced that civil
war was threatened he would be furnished with
the highest and supremest reason why
the American Congress ought not to do any
thing under such compulsion or threat.
With all his soul he despised the threat of civil
fr