The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-26

lawful ELECTORAL VOte> No ooutcu tnoe ~~~S'e.~
Vice Prssidens to any other body ie believed that
Ssd on tho subject The practical dcuty was that
members asked TO vote for o measure which con
ncted sharply with cherished constitutional theories
Whoever TO be charged with dsrcgaroing consti-
Convictions that charge should certainly not
be made against those who out OF regard Tor such con
victions, refraned from favoring the measure he
should prefer to have the electoral votes counted n
the old and trust to the good sense. the mouera-
ton the patriotism OF Congress and Of the country
for q peaceful and satisfactory result
AT the close OF Mr. Nouroe's Speech at ten minutes
past five P: NJ, the house took recess Till haiipas'
seven r. NJ.
EVENING 81 ssIoN.
The House met again at halfpast seven P. NJ, with
Mr. HOOKER OIL Mississippi, In the char Speaker pro
tenn The ne % ane e
throughout the day showed no symptom OF Abatement
the crowds IN the galleries being even oenser IMAM
sous for only, the attendance Of members was
very small than dozen being in their seats
when the House called to order
The first speech Of the evening was made by MT
Caldwell (dem.) Of Tenn, who advocated the bill.
cause in which no believed to the tribunal provided
for IN the bill assured that through II the country
would nnd peace and prosperity. d.. :, RI
He was followed by Mr.. Stevenson, tdem.) oil Ill,
and Mr.. Cauhed ldem) OF H., also IN support OF the
bill.
Mr. GARFIELD, (rep) OF ONO, was the next speaker
He desired In the outset 10 some good things OF the
bill. II had some great merits which he most sim
cereIy recognzed- II was intended TO abate strife
IN great and trying crisis OF the nation II
intended 10 ard in tldng over great present di
less bring a result and would leave the person de-
cared to be elect of the nation with more unds
puted title than perhaps under any other meth cd as
vel suggested II he had to speak Of he bill only as
a partisan he should say he was not afraid
OF It's operation. The eminent gentlemen who would
compose the isson eminent for their character
and ability men who, he believed, would seek 10
ana Would DO T. as elected ns
dent should confidently expect That an honest ana
fair commission las, doubtless this wonld oel would
find that be the TACT But it might lind otherwise,
and II II did, all good men everywhere would submit
MI GARFIELD then proceeded to argue 10 support OF
the theory the right OF the president OF the
Senate TO count and declare the electoral votes. AS
illustrative OF bis argument ne S,ted Inc ,acs mat IN
fishing OF the votes Tor Governor is ministerial act
and put the hands OF designated officers, while in
only seven States tho Legislature was the canvassin2
~'N rnE CONSTITUTIONAL QUESTION
Mr. GARFIELD proceeded with his constitutional argu
ment. He declared that his FIRST arrangement OF the
bill was that what the fathers SO carefully Kept from
Congress this bill proposed a TO give 70 proy H.
sion the subject was gone forever and
Congress might become the grand national
returning board from this day forward until the people
destroy cd It in It's turn. II would make Congress
returning board, with all the vices and none OF the
excuses OF the returning boards Of the Saes Another
objection TO the bill that the members OF this
commission not TO be appointed by the President
and By we housss wno
was at variance with the constitution
Another objection TO II was that II
empowered these Official pcrsonages to take whatever
Jurisdiction they were entitled to have In other
words they were invited to 20 into the field OF the
constitution and laws browse at will TO construe
then Tor themselves take whatever powers suited
them Another objection to the bill was that itwoud be
in the power OF the commission and Of the two houses to
prevent any result whatever. II one party was not
satisfied with the result reached in regard TO Florida
IL might resort objections, to debate to separation
of the two houses until the tune was passed when
.the votes shall then be couEted" There would be no
s'then" LETT 49,
Mr. HoAR asked whether there was any more likeli-
hood of the two houses refusing TO discharge their
duty than there OF the President OF the Senate
refusing 10 discharge his.
Mr. GARFIELD replied that the great difference was
that the President OF the Senate could be removed
within an hour, but there was no way to punish
legislative body Tor not performing its duty In con-
cuson he suggested that the men Of the present day
should not try 'shoot Niagara and leave the whir
pool TO their children (Appause
The House then, at eleven O'Clock, adjourned till TO-
morrow morning At ten O'Clock