National Republican., 1877-01-24
FORTY-FOURTH CONGRESS.
SECOND SESSION.

TUESDAY, January 20, 1877.
The Senate was called to order at " IN. by
President pro tempors PERRY, and prayer was
offered by the Chaplain.
Bills, petitions, &c, were offered and referred
as follows:
Tho CHAIR laid before the Senate n letter
from the Secretary OF the Treasury, calling at
tcntion to the act OF Congress providing for pay
ing james Il. Eads for opening channel In tho
sout n Pass Of the Mississippi river, and saying
tary Of War fer the payment of 10000 on nc.
count of this work, and as Congress reserved the
preparation for that purpose, not decmins Il wise
TO Issue any more interest bearing bonds. Re.
fcIred to:Gommi,tee on Appropriations. IA,
zens Of Fremont, Nebraska, asking for relief
from the existing taxation on banks. Referred
to The Committee on Finance.
Several petitions were introduced by different
Senators from citizens Of their states approving
oftnc bill for counting the electoral vote, and pray
Also, petitions from different Senators in rels.
tion to the suppression Of the iiquor trathe and
suifrage all OF which were appropriately re-
ME- ALcoRN gr:,sntG9d, ~ memorial ia e from the the
sions may commence from date Of discharge OF
soldiers. Referred TO the Committee on Pensions.
from ihcsCommittcc on Pensions and tho Oom.
mittce on Military affairs adversely; which were
Mr.. SPENCER introduced, by request a bill
providing for the care and keeping Of yagrants,
drunEards and idlers in the District Of Columbia.
Mr. KERNAf introduced a bill in relation to
the revision Of the statutes. Revision Of the
Mr.. WRIGHT introduced bill for the relief Of
the Louisville Transportation Company, In Louis.
Nc Mcssrs. WINDOW, INGALLS, and HERMAN
introduced petitions praying for cheap tclegraphy.
Post Onlces and Post Roads.
Mr.. CoCKRELL called up the bill for the re.
afnTt ha al
for clothing and personal effects lost during nre
at Fort Hamilton, New York harbOr, in 1875.
MT. SPENCER called up the bill to punish
persons for breaking into houses In the District OF
Columbia and carrying away gas pipes, water
After discussion 1t was on motion Of Mr..
wHYTE, referred to the Judiciary Committee
TO be perfected.
BILL FOR COUNTING THE ELECTORAL VOTE.
At 1880. there being no further morning bust
for counting the electoral vote.
MIR. SH ERMAN took the floor, and said he
special e COMMITTEES % on this subject provided that
he must express his hpdi dissent from tho biii before
MOTIVES ns sn" Which G HetaPted the soa@tteC @ % This
bill Is to decide case made up and ready for
bill TO SssSs 70 y
would introduce such bill as this as an original
measure, and II ought not to come In here now to
They had been told that the Judges had been
selected on account of their geographical po-
siton, but this was not correct large portions Of
Judges were selected for their political opinions,
and that must be conceded at the outset. One Of
may give the casting vote, we have the spectacle
Of having President of the United States
elected by chance. He must and did object to
the law, but he [SHRRMANl knew OF no reason
for such omission. He could not assent to any
not prefer It to civil war, but he did not believe
there was any such alternative. The bill pro-
vides that the work shall be done by the Judges
| of the Supreme Court. This he contended, was
| contrary to the Constitution.
The power to count the votes and decide upon
questions arising thereirom cannot be delegated
| to any one. We cnnnet give the power to any
tribunal to undo the work Of the states and over
turn their votes. Again, II we put hve members
| OF the House and i've members Of the Senate on
| this commission they are no longer our agents,
| but are our superiors, and when we have created
this .aa az Sgr to
There Is q clause Of the Constitution which for.
bids members Of Congress from holding positions
bers, and this must be In conflict with that pro.
| vision.
proposition and The Senator from Vermont had
told the Senate that similar proposition had
been adopted by the Senate seventy.slx yeari
| sitlcn was brought into the Senate but the Sen.
ate rejected It, and threw It out, and II was not
| Drought up hHhln IN eltutr was lOl
lowed by the attempt to oVerturn the will Of the
chair, and this led TO the downfall and disgrace
pol the judges to act on this commission. and sup
pose they should decline to what are we to dol
returns viii they taRsr What evidence S wi vim they hey
receive and act upon? II they count the legal
votes returned we all know who is elected with
! power to 20 behind the legal votes, who can tel
where we shall st9pI suppose the commission
where Where do they get The power W 10 do IL "' '"''
| This law says the vote of State shall not b'
thrown out without the concurrence Of the tive
| Houses. This means that q vote may be throw
out with the concurrence Of the two Houses. How
can they thus overthrow the vote Of u sovereign
Mr.. SHERMAN concluded by urging that tn,
| vote should be counted as II had been heretofore
Il this Is done either MI Hayes Or Mr.; Tllden VII
will be our duty to aid In making his administra
tion a successful one This mustbe done withou
do 80 in the law and the Constitution, why set Vi
any other tribunal to do 1t by chance?
Nh. Combines SPEECH.
Mr.. CONKLING said before we could cntc
upon the details Of this bill we must first get u
long ago. aftcr searching through all the authOr
tics, had concluded that the two Houses had tn
power, and, therefore, the duty Of acting upo
tiOn may be drawn between the power Of the Sen
ate and the power q the House I'm acting dIrcctl
upon tnc count. ING CONSTITUTION OF tue Oulte'
States indicates the exact mode Of doing tn
counting Of the votes, and the bill before the Sen
ate is within the method given in the Constitu
Constitution It has given Congress the power L
make method, as Il has to make all other law
and rules for government.
lfthe power Is not In the two Houses and no
In the Constitution, then this bill cannot and %
not deposit II there, for wherever the Constitu
tion deposits power there It must remain Will,
the Constitution remains unalterod, and no bill
can make II different, and any attempt to do II |
a bold Infringement upon the Constitstlon. Tn
idea or theory that one House could do this thinl
alone was never heard until we had o case oI
hand to be decided. The Constitution had mad
the President Of the Senate the custodian Of tn
electoral votes, and had II designated any othe
person, the Secretary Of the Senate or the Socro
tary OF State, or any other person, to receiy
them, the prerogatiye Of that other person woul,
be lust the same and no more as the prsrogativ
Of the President OF the Ssnate-no more, no less
The votes are In his custody, to remain unopened
until the day Of counting, and then he shall ope
all the votes, and the vot es shall then b
counted. o..
The President Of the Senate may not and
not, required to open his mouth or utter o slngl
word during the entire count Not even ut tn
close Of the count 10 he compelled to utter q word
He may speak, and the Senate and House ma
hear him, but he has no right to see even tn
seal or the signature or any part OF the vote
He may simply open all the votes, and they shal
then be counted. The two Houses may know 0
suspect that there ls forgery In some OF the n
turns, but the two Houses have no power to asseT
that suspicion. The Constitution says the vote
shall then be counted. Counted by whomf B