The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1877-01-23


of anybody but the true electors of the state.
He is therefore required in the discharge of the
duty of his office to determine and present the
true certificates from the electors OF state.
He is bound as an officer of the government of
the United States to take notice OF those who
have been declared elected by proper authori-
ties of the state and when the certificate
comes into his hands it is his business at once
to investigate and determine for himself
whether it comes from the electors OF state.
He must decide that question upon his peril,
and present that certificate to the two houses
OF Congress.
Rutherford B. Hayes ought to be inaugur-
ated, and must be inaugurated unless bill
should be passed to count him out IN defiance
of we'll known principles of law. He was not
well enough to argue this question as fully as
he would like to. The Democraai ;1 senators
them chance to count MIR. Tilden in by going
behind the returns.
At2lO Mr.. Morton said he was not able TO
proceed further to-day and then suspended his
remarks.
Mr. Frelinshuysen, member of the special
committee, then took the floor and spoke in
favor of the bill
Mr. FIelDghuysen said that having been APP
pointed member of the special committee
which framed the bill in regard to counting the
electoral vote, and having to the best of his
ability discharged his duty, be felt he could not
remain silent while the rejecting and patriotic
people OF the cOuutry were interested in this
matter to the extent that the dignity of the
government should be maintained, that no bad
PRECEDENT should be set, and that the peace of
the country should be preserved There was
hope that the great national legislature would
do just what was right The early commenta.
tors ON the Constitution predicted that the
greatest peril of this country would be the sue
cession of the Presidency. The administration
OF this government, with its immense patron
age, was to be banded to the next President by
one vote out of 1863 in the electoral college.
There were many persons who believed that
some states where majOrites were given for one
party returned majorlties for the other party.
There were many honest men in both political
parties who believed they we're to be deprived
of their rights, while the Office holders and
office-seekers only added to the excitement If
there ever was time when the representatives
of the American people should rise above party
prejudlces and party feeling it was now, and
determine that they would avert this peril from
the country. The duties of faithful Senators
were always responsible, but it seemed to him
as if they now touched a higher point of re-
sponsbility. At all events, the Senators must
do their duty whether it pleased their constitu
ents or not. He had no doubt that the compli
cation which now seemed to imperil the gov
ernment would be adjusted by Congress and ac-
cepted by the people, and the stength of this
nation, developed curing the war, would carry
her forward into new era as all would have
renewed confidence in our institutions. He be
lieved this nation would enter upon degree of
prosperity which had but few parallels.
He then referre1 to the bill, and said that b Q
believed the measure met with more opposition
from the Republicans than from the Democrats.
He would seek to take no unfair advantage of
the opposing party, and he would be the last
man to sacrifice the honor OF that great party
of liberty, which had stood by the government
in its hour of peril.
He then referred to the late ed joint rule
and said it had been used for ten years when
both houses of Congress were Republican.
Those who were opposed to this measure must
see at once that under the rule which had pre-
vailed for ten years while both houses were Re-
publican, or even under the bill which passed
the Senate at the last session, there would be a
sorry prospect for having the votes of Louis
lana, Florida or South Carolina counted now.
With this JOINT rule in force during the last ten
years. against the Republicans as precedent
he thought the Democrats in Congress had act
ed with great fairness in joining the Republi-
cans in reporting this bill.
He then referred to the power claimed for the
President OF the Senate to count the electoral
vo6e and said: ''If 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 determine and count
the vote was vested in the President of the
Senate, and said it would be wonderful pow
er to repose in one man. Suppose during the
late rebellion the President of the Senate had
held that the Union could not be dissolved and
insisted upon counting all the votes which
might come up from the Southern States,
would the Senate and House have been COM
PEELED to sit quietly by and take no action? He
argued that the constitution imposed upon
Congress the duty of deciding upon the cleo.
toral votes, and Congress was bound to perform
that duty 1t would be great negligence now
NOT IN hou Iorri lafi To n hat
Mr.. Frelinghuysen then spoke Of the powers
and duties OF state in choosing the Presiden-
tial electors and in regard to the clause forbid
ding any government officer from being an
elector. He said that provision was mandate
of the state and the state must enforce it, The
state no doubt could restrain by proper judicial
measures such official from acting. but after he
had acted even a state could not set his vote
aside The appointment of electors was con-
fded to the state and Congress must accept the
state s conclusion just as the judgment Of a
court must stand. Congress could not be a
grand returning board to investigate the votes
OF 100000 or 100000 people. He denied
that Congress had right to go behind the cleo
toral certificate, and said the provisions of the
constitution were inconsistent with the idea
that Congress could do so.
He then spoke of the commission authorized
by the bill reported by the select committee,
and said it would have only such powers as
was now conferred upon the two houses of
Congress. He had no idea that the fifteen
members of this commission would decide that
Congress had the power to go behind the re.
turns from the states. 1t might be said if that
doctrine was true that there was no necessity
for sending congressional committees to Lou
isiana to take testimony. There was use in
sending such committees to that state as the
President should know OF the true condition
of affairs so he might know which government
to recognize in case there were two. He be-
lieved the Republican party, which was the
parry best calculated to promote the interests
OF this country would rule it for generation to
come.
He then referred to the Oregon case and said
| it was not necessary in that case to 60 behind
the returns. Cronn said there were two va.
cancles in the electoral college, while Cart
wright and Odel said there was but one The
only question to settle in regard to Oregon was
whether two or one was majority or quorum
of three. and as two was the majority which
legally filled the vacancy their return must be
counted in He argued at some length in favor
of the constitutionality of the proposed meas
IRE and said that the failure of Congress to
pass the bill would cast upon the outgoing
President the duty of determining to whom be
should transfer the government. Every con.
sideration Of justice demanded that Congress
should pass this bill. If all the patriots of this
country should assemble on one vast plain
their prayer would not be for riches, but it
would be that this land might be delivered from
the baneful influence of party strife.
In conclusion, he spoke in favor of placing
the best men in power, and said that If the
present difficulties should be adjusted the ma
tion would profit by the lesson, and would be
the most happy and prosperous on the face of
the earth.
No other Senator took the floor and the bill
was then reported to the Senate, the question
being on Its third reading
Mr.. Sherman-The Senator should be content
with the arguments of today. A vote upon this
bill should not be pressed. He therefore moved
that the Senate proceed to the consideration of
executive business.
Mr.. Edmunds said that if this bill was to be
passed the first act to be done under it must be
done eek f'om tomorrow. He did not care
whether the debate proceeded today or not, but
the bill should be disposed of tomorrow, and
ne would feel it his duty to ask the Senate to
vote on it tomorrow, no matter if the Senators
did give night to their country, the bill must
go 10 the House. 1t would take at least three
days to consider it there, and the President of
the United States should have reasonable time
to consider it. With the debate on this very
subject at the last session of the Senate, it was
not unreasonable to ask the Senate to be some
what prompt IN disposing of the matter enc
way or the other.
The discussion was continued at some length
Mr.. Cameron of Pennsylvania, said he could
see no use in forcing this subject now. In his
opinion the bill was wrong. He looked upon it
as Democratic measure, measure in the in-
terest of Tilden and calculated to elect him
President. He would like TO hear from the
Democratic SenatOrS in ard m tho hi