Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-01-26

Comes into his hands it is his business
at once to investigate and determine for
himself whether it comes from the Electors
OF a state. lie must decide that question
and present that certificate to the two
Houses of Congress.
Rutherford b. Hayes ought to he inaugu-
rated and must be inaugurated. unless a
bill should be passed to count him out in
defiance Of well-known principles Of law.
The Democratic Senators would not support
this bill if it did not give them q chance to
count Mr.. Tilden in, by going behind the
returns.
at 2:lO Mr.. Morton said he was Tot able
to proceed further to-day, and therefore
suspended bis remarks.
Speech Of Senator sherman.
Mr.. Sherman said be had hoped to vote
for any bill reported by the special COM
mittee on this subject, but be must express
his dissent from the bill before the Senate.
What are the Commission to do with the
returns? II they count the legal votes re-
turned we all know who is elected, without
any chance about it. II they are to have
the power to go behind the legal votes,
where shall they stop? Suppose the Com
mission decides to throw out the vote Of
State. where do they get the power to do
1t? The bill says the vote of State shall
not be thrown out, except on concurrence
Of the two Houses. This means that q vote
may be thrown out with the concur ence of
the two Houses. How can they thus over
throw the vote of sovereign State? The
Justices were selected for their political
opinions, and the fifth will have to be
selected by lot, and, as be may be given
the casting vote. we shall have the spec, acle
OF President OF the United States elected
by chance. The Chief Justice had been
omitted in the law. but be (Shermsn)
knew of no reason for such omission. He
would prefer this bill to civil war. but he did
not believe there was any such alternative.
The bill provides that the work shall be
done by the Judges of the Supreme Court.
This, he commended, was contrary to the
Constitution. The judges cannot do the
work without first being appointed by the
President and confirmed by the Senate.
During the early years of the Government,
Judge Jay, If the Supreme Court, was ap-
pointed to act as Minister to England, and
he was appointed and confirmed by tn
Senate. lie gave other instances where
judges of the Court had been preferred
Tor outside work, but they had always been
appointed by the President and confirmed
by the Senate. the power TO count votes
and decide upon the questions arising there
from cannot be delegated to any one. We
cannot give the power to any tribunal to
undo the work OF tho States and overturn
their votes. Again. if we put five members
of the House and five Of the Senate on this
Commission, they are no longer our agents,
but are our superiors, and when we
have created this Commission and del
egated all our power to it, We cannot
withdraw that power from it. There is a
clause OF the Constitution which forbids a
member Of Con eress from holding positions
which have been created while they were
members, and this must be in conflict with
that provision. lie had said yesterday that
this was novel proposition, and the Sem
ator from Vermont had told the Senate that
the same proposition occurred seventy-six
years ago, but the Senator was in error.
Such q proposition was brought into the
Senate. but tue Senate rejected 1t, and then
it was not brought up again in either
House. Mr.. Sherman concluded by urging
that the vote should be counted as it had
been heretofore. II this is done either Mr..
Hayes or Mr. Tilden will be declared elect
ed. II Mr.. TIlden is elected it will be our
duty to aid in making his administration a
successful one. This must be done without
any menace or threat, and having the pow
er to do so in the laws of the Constitution,
why set up any other tribunal to do it by
chance?
speech of Senator Frelinshuysen.
WASHINGTON, D. c., Jan. Ex-senator
Frelinghu sen, speaking on the electoral
bull reported by the JOINT committees, re-
ferred to the late twenty-second joint rule,
and said it had been used for ten years
when both houses of Congress were repub-
lican. Those who were opposed to this
measure must see at once that under the
rule which had prevailed Tor ten years,
while both houses were republican, or even
under the bill which passed the Senate at
the last session, there would be sorry
prospect for having the votes of either
Louisiana, Florida Or South Carolina count
ed. With the rule Of the last ten years
against the republicans as precedent, the
democrats in Congress had acted with great
fairness in joining with the republicans in
reporting this bill.
Referring to the power claimed from the
President of the Senate to count the electo-
raj vote be said Ii the power to count
that vote was vested in the President of the
Senate. why had it been exercised by the
two houses Of Congress during the last ten
years. He denied that the power to de-
termine and count the votes was vested in
the President of the Senate, and said it
would be wonderful power to repose on one
man. Suppose. during the late rebellion,
the President of the Senate had held that
the union could not be dissolved, and in
sisted upon counting all the votes which
might come. up from the southern states.
Would tho Senate and House have been
compelled to sit quietly by and take no
action? lie argued that the constitution
imposed upon Congress the duty of deciding
upon and counting the electoral votes, and
Congress was bound to perform that duty.
1t would be great negligence now not
TO have legislation to that end.
Senator Frelinghuysen then spoke OF the
powers and duties OF the state in choosing
presidential electors, regarding the clause
tJrbiddIng any government officer from be-
ing an elector, and said that the provision
was u mandate to the state, and the state
must enforce it. The state no doubt could
restrain by proper judicial measures such
official from acting, but after be had acted
even the state could not set his vote aside.
The appointment Of electors was confded
to the state and Congress must accept the
states conclusion, just as the Judgment of q
court must stand. Congress could not be
a grand returning board TO investigate the
votes of eight or ten millions OF people.
lie denied that Congress had the right to
go behind the electoral certificates and
said the provisions of the constitution were
inconsistent with the idea that Congress
could do So He then spoke OF the commits
sion authorized by the bill reported by the
select Committee, and said IL would have
only such powers rs were now conferred
upon the two Houses of Congress. de had |
no idea that the fifteen members OF this |
would decide that Congress had |
power to 60 behind the returns from
u State. Ii might be said If that doctrine |
was true there was no necessity for sending |
committees TO Louisiana To |
take testimony. There was the use uf SEND
ing such committee to that State, 50 that |
the President should know of the truo con
dlIlon Of atfiirs, 80 he might know which |
government to recognize N case there were |
two. lie believed the republican party, |
which was the party best calculated TO
promote the interests OF the country, |
would rule it for the general good Re
garuIng the oregon case he said 1t was not
in that case to 20 behind the
returns Cronin said there were two
vacancies in the electoral college, while
Carrright and Odell said there WAS but one.
The only question to settle III regard 10
Oregon was whether two or one was II
majority In a quorum OF three, and a. Two
was ma jOruy which legally filled the
vacancy, their return must be counted. lie
argued at some length in favor OF the con-
Of the proposed measure. and
said the failure Ut Congress 10 pass the
bill would cast upon the outgoing PresI-
lent the duty Of determining to whom he
should transfer tine government. Every
Of justice demanded that
Congress should pass this bill. 1t all the
patriots OF the country should assemble on
Dne vast plain, their prayer would not be
Tor riches. but it would be that this land
night be delivered from the bsnefuI In
luences OF party strife. 10 conclusion he
poke in favor IT placing the best men in
power, and SAID if the present difficulties
mould be adj usted the nation would profit
~ the lesson and would be the most happy
md prosperous on the face Ut the earth
In General.