The New York herald., 1877-01-23

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| thc government IN It's hour OF peril
THK TwE>ry-sEcoSp RULE
He then referred 10 the iate twenty-second joint
| rule and said IT had been used Tor ten years,
whom both houses OF Congress repub-
nrsa rs ns, ,cc onse ha, onJsr .',I ~. r"ss
which had prevailed for ten years while both houses
were republican, or even under the bill winch passed
tho at last session, there would be pros
pect tor having the votes OF either Louisiana Florida
South Carolina counted with the rule OF tho last ten
democrats IN Congress acted with great fairness
in joining with the republicans in reporting this bill
POWER OF rns vcx PRESIDENT
He then referred the power claimed tho Prcsi-
dent OF tho Senate count the electoral vote. ard
said II the power to coun, that vote vested in tho
President Of the Senate, why had been exercised by
the houses OF Congress during tho last ten years
votes was vested in the President Of Tho Senate
aud said II would ee wonderful power 70
reposo n one n,ss., man, suppose during a,s .hs
that the Union could not be dissolved ana insisted
upon counting MI votes which might come from the
Southern States, would the Senate and House have
been compelled to sit quietly by and take action
He argued that the constitution imposed upon Con-
electoral votes and Congress was bound to perform
that duty. IL would be great negligence not 10
have Legislation 10 that end
POWERS DUTIES or STATE.
Mr.. Frchnghuysen then spoke OF the powers and
duties OF State in choosing Presidential electors, and
in regard to the clause Iorbidding any governments
officer from being an ecc,or, said that provision was
mandate TO the State and tho State must enforce It.
The State doubt. could restrain, by proper judicial
measures, such official from acting but after he had
acted tho State could not set hs vote aside Tho
appoin ,ncnt OF clerks was conndcd TO tho State. and
Congress must accept tho states conclusion Just tho
judgm, mt OF court must stand Congress could not
DO grand returning board TO investigate the of
s. 900 900 or TO- 0o0 600 people He denied that Con
grcss had the right TO so bchnd the electoral ccrtn
cate aud said the provisions the constitution wero
with the idea that Congress could do
He then spoke OF the commission authorized by tho
bill reported by tho select committee, and sand would
have such powers as were now
ferred upon tho two houses OF Congress- He had
no rca that the fifteen members OF this commission
attiA thp Int knnu hn1 ,uhs
returns from tho state II might DC sad, If that doc
trlno true, there was no necessity Tor sending
Congressional committees TO Louisiana to take tcst
mony. There was use in sending such committees 10
that state, the President should know OF tho
condilion OF affairs, so he might know which govern.
mcnt to recognize there Hc be.
eved that tho republican party, which was tho party
best calculated TO promote tho interests of this coun
try, would rule 1t Tor generation to como.
THE OREGON
He then referred the oregon case, and said II
not necessary in that to go behind tho returns
Cronin said thero Two vacancies IN the Electoral
College, while Cartwright and odel said thcre out
one. Tho only question to settle regard Oregon
was whether Two or ono was u majority aud quorum
OF three, and two was the majority which legally
nlled the vacancy their return must be counted.
lie argued at some length In favor OF tho consttu.
onay OF the proposed measure, and said tho failure
OF Congress to pass tho bin would cast upon the
going President the duty oi determining TO whom no
should transfer tho government Every consideration
OF justice demanded that Congress should pass b
If all the patriots OF this country should on
ono vast plain their PRAYERS would not DO for riches
the banciul influences OF party strife.
In conc usion he spoke in favor OF placing the best
men IN power ana sara u the present difficulties
lesson and would be tho most happy and prosperous
ON tho face OF the earth.
No other Senator took the floor aud tho bill then
reported to the senate, the question being It's third
reading.
Mr.. SHERMAN, (rep.) of Ohio--Tho Senate should DO
content with the arguments OF 10 day. the vote upon
this bill should not be pressed He therefore, moved
that the Senate proceed to the consideration Of
two business
passed the rst act to DO done under Il mist be
week from tomorrow. He did not care whether the
debate proceeded to-day or not, but the bill should he
disposed oil tomorrow and hc would feel It to be his
duty to ask the Senate to vote upon II to.mor.
row. matter If the Senator'S did gvo
night 10 their country. Tho bill must go
to tho House. 1t would take at least thrco dnys 10
consider it there, and tho President OF tho United
states should have reasonable time to consider it.
With the debate this very subject at the last session
OF the Senate was not unreasonable TO ask the Sem
ate TO be somewhat prompt IN disposng OF tho matter
one way or the other.
REMARKS OF MR. SHERMAN
Mr. SHERMAN said thero was no necessity to vote to-
morrow upon this bill. II took committee OF the
two houses OF Congress several weeks to form II and
now It proposed to pass after Senators had only
lad an opportunity TO devote day two tc IT, The
bill presented novel questions; OF course both houses
would debate It,, and IhOre should bo no haste
friend from Vermont (Mr Edmundsl would
contribute 70 the order and dignity OF the Senate by
fectly willing to take vote the bill this week. and
there would be ample time then for the House OF Rep
freSlueut IT,
Mr. EDMUNps denied that there any novel
propositions IN the bill u only novel
ana startling as IT, might affect tho vows. of
sdo should enter INTO race 10 see which could get
possession Of tho Waite House first His friend from
Ohio (Mr. Shcrman) had discussed the very principles
of tins bill at the last session The Senate was driit-
Ing day by day toward the Inevitable hour which tho
law, stood at present. liked for the electoral count
anu could say what would DO the result un less
somc such measure as this should DO passed
Mr.. SHERMAN SAID when he declared this bill con-
everybody III the country knew. II proposed blend
Ing OF two distinct departments OF the government
liz argued ,hat tho President OF the Senate had powor
70 open aud tho electoral vocs but unuer this
Pill the whole Of the great question OF elscting rcsi
dent to be transferred from tho electoral colleges
TO tribunal Of four justices OF tho supreme Court
who were named, aud the NTH was lett In doubt
Tho gentlemen OF tho committee had examined this
measure and madc careful comparison Cf each
Others views; but thero was no reason for haste
passing It, He thought the members of tho committee
should bo heard from In regard to the bill
Mr.. THURMAN, (dcm.) OF Ono, said the members OF
the committee mad been heard from by tho written re-
port which accompanied the bull by tho elaborate
on saturday and by tho able spo en- Of the sens
ator IRON New Jersey (Ar Frclinghuysen) to-
day. There had been but one very brief speech
on the other sido. There duty the part OF
those who approved the bill to say upon what grounds
they approved IT, He was sure that there enough
humility displayed In the committee TO warrant hun
IN saying that the committee did not deem tsof In
ialhbIc, and they would DO glad TO have their work
criticised by those opposed TO the measure.
Mr.. BAyARD, (dem.) OF Del, said the time fixed for
this bill to become law, II IL should be Que, was
measured now by days and not weeks. While his gen.
sral views were contained in tho report which accom-
panied The bil yet he elt that every member OF
the mtee should give expression TO his faith
II, though no would not rotard the passage
OF the bill In order TO express his views IT, He
would have sat silence aud permitted this bin
have been voted on tonight believing IT 10 be Just
and essential TO the welfare OF the country. Those
who opposed TO the bill should eve their reasons
for opposing IT, lie hoped would be disposed OF
morrow, so lar MS tho Senate was concerned
Mr.. SHERMAN insisted upon his motion that tho
Senate proceed ~ the consideration Of executive bus
ness, and IL was rejected.
Mr.. SHERMAN said If the United States Senate under
the lead o the Senator from Vermont TO carry
this bill through without ucbatc while popular opinion
was considering IT, let II be done. He wanted TO say
something about IL himself, anu might want TO amend
IT.
REMARKS OF
Mr. EDMUNDs said the Senator IRON Ohio acted