The weekly Oskaloosa herald. [volume] (Oskaloosa, Iowa) 1855-1885, 1877-02-08
Counting the Electoral Vote.
SPEECH OF HON. E. s. SAMPSON,
OfIowa, In the House Of Representatives.
January 25, 1877.

O"eo"S 90, 10 -
On the bill Is. No. 1853 to provide for and
regulate the counting ofgotes for President
and Vice President, and the decision of queS-
tions arising thereon, for the term commenc-
ing March 4, A. ID. 1877.
Mr.. SAMPSON. Mr.. Speaker, the more
/ have thought on this question of the
have reflected on events which have
crowded themselves upon our attention
for the last few months, the deeper has
become the conviction in my mind that
agreement by the two Houses on this ques-
tion is an absolute necessity.
Eighty-eight years, save few days, we
have been moving on under our Constitu-
ton. We have had twenty-five presiden-
tial elections prior to the present. Sew
enteen times have questions been raised
in the two Houses or at the joint meetings
touching the validity of electoral votes;
seven times has the question been evaded;
three times decided by or under joint res
olutions, signed by the president, which
had the force of law; seven under the rule
which provides no question should be de-
cided in the affirmative nor vote be count
ed unless both Houses concurred therein.
And through all these objections and
questions and through all this time, three
US. First, the time has never been till
now when a disputed electoral vote would
change the result; second, the two Houses
have never failed to agree on how they
should dispose of disputed votes except in
cases where they have skillfully evaded
decision; third, repeated warnings have
been uttered all along down our history
to beware of the day when the vast pow:
ers, patronage, and political policies of
this Government would depend on disput-
cd electoral votes, and we should be with
out a law, constitutional provision, or tri-
bunal to say who should decide. If it has
been of such Importance to agree before,
and we have never failed to do so, how
much more important it is now.
Let us look calmly at the situation,
view things as they are. Party feeling
and pride is a sensitive element But yes
terday, on the other side of the Hall, O
member and friend of the measure, too,
used the word war in such connection
and manner that l could almost feel my
strong friendship for the bill slipping
away in spite of me. The situation de-
mands calmness and reflection. Since
the first day of the meeting of this the
Forty-fOrth Congress, the lurid flames of
party strife have been burning brighter
and brighter in this country-schemes and
COunter-schemes to the extent of human
ingenuity to make and unmake Presidents,
to drag down and build up parties have
been the general order of the day. The
principle of the equality of all men before
the law, both white and black, and the
sentiment that in the AnglO-SaX race of
the South rests the supcriO! right to rule
those States, have been wrthing in NOR
tai strife for the mastery; and after this
lnnn fnron ap1 aycifoA nnpfiI1t and par-
ty passion has been wrought up to we'll
nigh a whitehead, crisping and cOnsum-
Ing trade and industry and even patriot
ism, what DO we find? Almost drawn
battle; the masses ofthe PEOPLE divided
nearly equally in political sentiment;
eighteen States Republican; eighteen
States Democratic; dual government in
two; South Carolina has her Democratic
governor and her Republican governor,
her Republican legislature and her Demo
cratic legislature. Louisiana has her Re-
publican governor and her Democratic
governor, her Republican legislature and
her Democratic legislature; parties there
literally standing to arms with a handful
of United States soldiers at each of the
two capitals, watching to see who dare
fire the first shot; the sands of the present
administration almost run; in the hands of
the officer the custodian of the electoral
votes for the candidates for the incoming
Executive 391 votes, instead of 369 as
there ought only to beg more than un-
der the constitution can be cast: double
returns from four States; the two Houses
Of Congress divided politically, one pre-
pared to stand by the Republican returns
as being based on the actual vOte-these
votes to be counted in few days; the %
spurious electoral votes that now corrupt
the national ballot-box to be rejected; the
Constitution failing to provide expressly
who shall say which is the true vote and
which the false one; no law fixing this
power or regulating it; an irrecOncilable
difference; in the absence of law, who
shall exercise this most delicate and inn
pOrtant duty? Shall we hesitate to enact
a law that shall solve the difficulty, surely
not, if we have the constitutional power?
Congress has the power to provide all
necessary legislation to carry into eXeaH-
ton all other powers given the Federal
Government by the Constitution. Three
times has Congress exercised this power
by joint action, twice approved by the
Executive, which had the effect 20 exclude
or receive electoral votes; twice by joint
resolution and once by joint rule. The
majority of our greatest and best men of
the past and present have held to the
right to legislate upon the subject. And
this seems now with all the exciting sur
roundings to be the only square inch of
common ground upon which the two par
ties can unite.
have examined so far as | could, re-
flected 0pon, compared, read and thought
over tie reasons tor and against its cOnsu-
tutionality with a due regard, as believe,
to the weight and solemnity of the oath |
hoxy talya 10 ho Of
my country, and believe it to be meas
ure to protect and preserve the constitu
ton, not to violate it. 1t constitutes tri-
bunal absolutely fair, even to the svoid.
ance of Il shadow of Il shade of partisan
bias so far rs man can devise, and it does
seem to me that the party or individual
who would refuse, in the present state of
doubts, of fact, and differences of law, to
submit to the arbitrament of so fairly con-
stituted tribunal must lack confidence in
the righteousness of his cause.
find, sir, from my brief experience
here, that it is always hard to yield, even
in the slightest degree, what any of my
own party may regard as an advantage,
believing as | do that it is the only party
which stands firmly by the immortal doc
trine that the rights of all our citizens as
granted by the constitution shall be main
tanned; and | am not unmindful that in
crisis like the present, reflections like
these might come to members: Through
this measure defeat must come to one
party or the other, but woe unto him by
whom defeat to his party cometh; better
mill stone be tied about his neck and he
be cast into the sea. If vote mo-" and
my party is defeated by the bill, it will
not be my fault; if it is sustained, l have
done it no harm; il can never be known,
but it would have been SO in any event,
and / am politically entrenched." But he
who, if his judgment is convinced that
this is measure in the interest of truth,
righteousness and peace, would let person
al or mere party consideration turn the
weight of hair in the scales, is not
worthy to occupy place on the floor of
the American Congress.
] believe no one has higher respect
for the judgment Of the noble and patriot
ic men who compose the Republican par
ty of Iowa than /, and have regretted to
find they were not more earnestly for this
measure; but the last word l received, a
telegram on yesterday, has the true ring.
IL was:
''Hold the fort. Country before party. The
people will sustain a peaceful solution"
This was signed by men whose Repub-
licanism is as strong and pure as exists in
that Republican State which gave to Mr.
Hayes, whom we hope to see by fair and
righteous means President of the United
States, near go, 600 majority.
am heartily for this measure, aud doubt
not it will pass and demonstrate to the
world that this great American people are
yet capable of self-government.
The so.called compromise would estab-
lish a precedent whereby any political
party in the future, having the two houses