Mexico weekly ledger., 1877-02-01

whom he should transfer the Government. Every
consideration of justice demanded that Congress
should pass the bill. If all patriots OF this coun-
should assemble in one vast plain their pray
er would not be for riches, but it would be that
this land might be delivered from the balefui in
1uences of party strife. In conclusion he spoke
IN favor of placing the best men in power, and
said if the present difficulties should be adjusted
the nation would profit by the lesson. and would
be the most happy and prosperous on the lace OF
the earth.
In the Senate, on the 23d, a number Of
from various cities were presented,
for the passage of the bill presented by
the Joint Committee on counting the Electoral
Consideration was then resumed OF the
bill in regard TO counting the Electoral vote, and
Sherman spoke i'll opposition toit. He SAID
when the select committee was appointed to con-
slider this subject, be expected, as a
of course, to be able to vote for
cause he entertained the highest
respect for the members Of the committee. 1t
was painful for him to dissent from the views OF
the men whom he esteemed so mighty, bu1 alter
the brief examination he had given the measure
he thought it was his duty to oppose it. This
bill was to make the court to decide the case al
ready made up, and there were provisions I'D IL
incompatible with the Constitution. Such a law
as this was an evil example and 1t could not be
s sHssainf here gaaer the diseassed had dA0 5Ge oss
the President of the Senate
count the vote? Second-Can either house admit
or exclude a vote? Third-Can both houses con
.ulriag do 50? T.urtil-Can the Vice-President
decide when the two houses disagree: The Dill
presented other questions which were OF q more
propositions First-That the President OF the
Senate had nothing to do but preside and open the
vote. Second-One house OF Congress
The two houses by a concurring vote
may do so. Fourth-it provided for a grand
commission, the decision OF which must be final,
unless overuled by the concurrent vote OF the
two houses. He then argued that the bill was
unconstitutional, and he particularly opposed
the clause providing for the selection OF nEe
Judges of the Supreme Court as members of the
Commission. He also opposed the bill because
it is understood to delegate powers conferred
upon Congress to the Commission. 1t was an
axiom of law that legislative powers could not
be delegated. lie read from various legal
authorities and argued that the bill was
intended TO apply to r, q case passed isIv emu End.
constitutional. If the power to make law
could not be delegated how could Congressdele-
gate power which controlled the votes of the
States to a packed tribunal! Another feature OF
the bill which violated the spirit OF the tonstItu-
ton was that authorizing the appointment OF a
committee of five members of each house as
members Of the committee, not to take deposit
tons and report as other committees, but to be
beyond tt control of the two houses after being
organized. The Constitution provided that no
member of either house shall hold Office created
while he held & seat in Congress. Mr.. Sherman
then spoke on the power and duties OF the Com-
mission authorized by the bill and asked If it was
to take the returns as certified by State officers.
If SO, every body knew who would be President,
! ut If this Commission was to be allowed to go
back of the returns, God only knows what the
result would be. 1t would depend entirely upon
lot, the chance which selected the fifth Judge of
the Supreme Court who would be the fifteenth
member of the Commission. Mr.. C0nklIug fol
lowed Mr. Sherman and spoke in fayorof the bill.
.....In the House. a number of memorials, etc.,
were presented in favor of the so-called compro-
mise bill. Mr.. Butt was admitted as "a member
from South Carolina. The report OF the Com
mittee Or Privileges was discussed at some
length by Messrs. Seelye, Williams (Wis.), and
Thicker Mr. Cox 4 hartman of the ( ON mltfpn
on Election Frauds in New York, submitted u
report in regard to alleged tampering with ar.
Hewitt's mail in the New York Post-Ufhce. 1t
completely exonerates Postmaster James and his
suborIinates in the Post-ofice from all lame in
the matter, and declares that no such tamperlng
has been done.
In the Senate,s on the oath, the bill to pro-
vide for counting the Electoral vote was taken
up as unfinished business. Mr.. Conkling was
entitled to the floor, but not being present, Mr..
Sargent spoke in opposition to the bill. He ar
aued that the trainers Of the Constitution never
intended to lodge in Congress the dangerous
power of discriminating between returns of
Electoral votes, buS that the power to count the
votes was lodged in the President of the Senate
alone. He opposed the bill because it degraded
to the muddy pool of politics and
compelled them to wade through it. He further
objected to the bill because it invited the political
for another hearing. The people would nor re-
speck the decision OF this tribunal, which was
without precedent and without sanction. He
regarded the bill not as a compromise, but as a
surrender of Republican rights. Mr.. Sargent
having concluded, Mr.; ConSling resumed
the door and continued his argument in
was then made and defeated, and a re
cess WAS taken till I p. M. During the
evening session speeches we're made in favor OF
the bill by Senators Bayard, Ihristiancg, Thur
man, Stevenson. Howe ana WHITE. and against
it bv Senators Morton, Blaine and Eaton. Sew
eral motions to adjourn were rejected. aud at
n ~ tiAn n1t-a cftfI in Cn-ctnN, IL asn ~
purpose of the friends of the bill To force IT 70 q
vote before Adjournment. ......In the House.
reported by the Committee on Privileges,
and the House was addressed by MIR.
McDil in favor of the resolutions submitted by
the minority of the committee. The Presidents
message in regard to the use OF troops in the
south was then taken up as unfinished business,
and Mr.. Wood offered a resolution that the mes
sage be refe red to q select committee of eleven
to inquire whether there had been an exercise OF
authority not warranted by the Constitution and
laws on the use of troops, for which the Presi
dent is justly responsible, With power 10 send fol
persons and papers. After considerable discus.
sion the resolution was ad0pted-yeas, 1874
nays, IS.
The following is a brief resume of Senate,
Conkling's speech delivered on the 23d and 34th
upon the Electoral bill: Mr.. C~onkling said that a
study of the matter, years ago, convinced HIM OF
the right, and therefore the duty, Of Congress tc
ascertain and verify the Electoral votes, and de.
clare the true result of Presidential elections. OF
else by an assertion OF law making power to de
clare how these acts should be done. His pres
ent judgment did not rest on preconceived opin-
ions. Some weeks ago he reviewed carefully
and cautiously every act and proceeding in ON
history bearing upon this question. and, without
the all of compilations made since then, he had
examined every utterancc in books. He then
spokt of the objections 10 the bill and said, if il
were true that the right to count the votes was by
the Constitution imposed upon the President OF
the Senate, the bill now upon the table, nor any
bill, rule or plan would be of the slightest efficacy
or effect. Whenever the Constitution deposited
a power with any officer, department or f~unction-
airy, there it must remain. Ii the Constitution
deposited in the President of the Senate
power to count the Electoral vots, there
was an end of it; and any act or rule to strip aim
Of that power would be a bold intrusion upon the
Constitution. II such were the power of the Pres.
ident OF the Senate. then every proceeding had
heretofore by the two houses Of Congress was a
fragrant violation of the Constitution. He de.
nied that the power to count votes was vested in
the President Of the Senate, and said, if the Con.
%stitution gave all the power to one man, it was
not easy to see how Congress could witness or
verify the act. If the President of the Senate chose
I tn uttpr words mamhprs Of tho rwnh orOoa 49,