The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-25

state OF this Unou Tho bill now before tho Senate
tended TO strip the executive ana even tho judicial
departments oil the goverr ment OF their functions and
deprived The States OF an express power given them by
the constitution.
POWER OF ruE PRESIDENT or rnE SENATE
Ito argued AT great length that he framers OF the
constitution intended that the President OF the seuate
should open aud count the electoral vote ana quoted
extensively from the Madison papers show the In
tentions OF those who sat the Constitutional Con-
v enton. lie claimed that The clause now In the con.
suon IN regard 20 counting the electoral vote as Il
was originally agreed upon by the Convention read
an. the ,esiden, Of tn, senate ,hal ne certificate
snce OF the Senate and House Of REPRESENTATIVES
II was referred to revising committee and alter
ward reported back TO read u now stands IN the
constitution. Tho members 81 the 'evsory commit
Ice IL the Convention argued that the meaning OF the
cause AS revised was substantially the same rs ori
giuaily agreed upon. The constitution did not de-
vovc single Junction upon either Eouse OF Congress
IN making the count: II did not recognize the two
houses OF Congress ia JOINT capacity II there had
oeen gradual infringement upon Tho right oil tho
frcshlep OF the Senate 10 count the vote IL did not
obscure the clear light OF the constitution. The Houe
aud Senate during the count were mere passive spec
tators.
Mr. HAALiS. (rep.l Of Ne tinterrupting) said he
held ia us hand tho return IRON The State OF Georgia
OF lSOl. He could nud record Of any objection
maze To the count or that volc but there tradi
lion that the lclIers handed inc return to Mr. Jener
son who handed back 10 the cllcrs aud decided It
must be counted II wac counted as history showed.
There WAS certificate accompanyin the reiurn that
the electors met and ballOtcd IL had nothing upon
MS face TO show that votes given Tor any body
Clearly dill mol CONFORM TO the constitution but II
was counted, rs shown Oy the record How Gould IL
be counted save by the decision OF tho person In
whose custody II was, Thomas Jefferson, then Vice
President vi The United States? The electoral votes
were never IN the custody OF the Senate and House OF
representatives
Mr.. EDArNps irep) ofvi.. said If the Senator from
Name would take the pains rca. tho
GUS history OF that event he would stated tnat
Mr. Jefferson opened that paper and handed IL down
10 the eIiers, who examined IL and entered tho mum
Der oi votes Tor Georgia IN tho proper column. They
then passed II TO Mr. Jefferson, VINO declared tho State
oi Georgia had voted so and So There was no oojec
ti0n no debate
Mr. SARGENT resumed his remarks and argued that
the Dill now before the senate If passed, would DO
harm. /. broad ana reaching IT'S character.
The elect oi II would be to weaken IN the miads Of all
u reverence FOR constitutional law.
DEGRADING rHE SUPREME COURT.
lie opposed the bill BECAUSE degraded tho Supreme
Court ana brought tho Judges INTO contempt. II
brought the judges OF the Supreme Court down tho
muddy pool OF politics and compelled them TO wadc
through IT. One OF Inc hypocriticai pretensi0ns OF
thus bIl was mat II was not designed to prejudice tho
rights vi the parties, but that the courts bo
He then referred tho selection oil the Judges OF
the Supreme Court, end asked what justice there
III secctng the Judge representing the Ninth district
To represent the three great States OF the lar West
wLicn had voted in opposition to him, and the opn-
Of majority OF the people OF those States
Numerically opposed TO the opinions OF that Justice
u The poles 10 each Other. The same thing
might be said 10 regard TO Justice Clifford. These
Judges were selected on account of Their political
opinions, not ON account OF their geographical loca.
tiUn
A CHANCE CHEATING.
bers oi either house to serve Oh the commission and
said
suppose the Senate should appoint on its committee
three republicans and Two democrats and the House
should linen appoint live democrats the Senate would
be- cheated. suppose both houses should act fairly
N appointing The committee there would be seven
democrats and seven republicans. These fourteen
must s us spectators watching the result OF the NJ
.cen.n nun whom no ons knew. oi course men OF
tee They would be placed there us advocates TO con-
vince the fifteenth man.
n. i>..o /.
party, defeated by tho ordinary forms, to camor Tor
another chance He argued That Congress could not
60 behind tho act OF the Louisiana Returning Board
without committing an unconstitutional act TIL.
people would not respect tue decision OF u trbun
without precedent, without sanction. lhe people
would 20 behind this committee, this partisan return
war threatened If it did. this Dlii would
not avert il. Speaking for the people OF his
State, who desired injustice and would
yield 10 none he objected to the bill il
this grind Returning Board from hearing auy statements
The republican party might have to make Ia regard
to tue electoral vote OF Mississippi and several other
States He objected to the bill by IL the
cans yleded Two. Under this bill the House could
have the vote OF certain States referred the
sion. IL was surrender Of republican rights.
CERTAIN INCONSISTENCIES
Mir. ErMUNDs asked whether bill did not pass the
Senate here months ago with the vote OF the Seua or
IRON Caforna. which provided that OF dou bio
returns from State, neither should be counted unless
both houses cOncurrcdY
Mr. SARGENT replied that he did for the Mort on
BILL but he argued Ut the same time that the powe
count tho electoral vote resided the the
Senate whore II belonged.
Mr.. EpMUSDs SAID that when the Senator from Cali.
lorna asserted that this bill republican surren-
der no lie Mr. Edmunds) did not con-
sder this bill "a republican surrender. II more
like republican victory
Mr.. SARGENT then concluded his remarks and said
he would do ull IN his power to avert He did
believe that civil disturbance would take place. but
war was not the greatest calamity which could bcfa
nation II was preferable 10 dishonor. He washed
his hands OF this bill Let those who desired 10
take the consequences OF IL do So
Mr. CoNkIIxG presented a petition. numer re usly
signed BY merchants aud business men OF New York,
in favor Of the passage Of the pending bill regard 10
the electoral count Lad on the table.
GRATITUDE or INDiANAIANs.
He said he would present to the Senate, wcro 1t not
addressed to the SPECIAL Committee, Il telegram re-
celvcd this morning from Indiana signed by thirty
republicans and three democrats, expressing
gratitude Tor the intelligent and patriotic labors Of the
Special COMMITTEE which have resulted IN "a bill for
the settlement OF the Presidential question, and OK
pressing the most desire that IL may become
law Among the signatures to the teleg ram no noticed
the name OF Conrad Baker, who WAS once Governor
that Of Lc0nidas Sexton, who WAS once Lieutenant
Governor; that OF Mr.. Gordon the republican
cand date Tor Attorney General and that Of Ben Har.
Tson, who the candidate for Governor carried the
flag ana CALAMITY led the late canvass in Indiana,
though II was disastrous.
Mr.. ConKling then handed the telegram to Mr. Nor.
ton, amid laughter on the floor ana In the galleries
coSKLIxG
Nr CONKLINChr President, | tried yesterday to
answer IN part the chief objection to the pending bill
the SENATE The honorable from CaliiO MIA has
this mofulng gwen The weight OF his authority. sen
ator> asked why devoted much time vesl erday
10 disprcviug the authority OF the President OF the Sen.
ate say that nobody in the Senate 10 That
power believed IN ~. Assuming that true thu.
the chief objection To the pending bill prevailing IN
the press ana IA tho country ut large the idea that
tho constitution reposrs IN the President of the Senate
power To do whatever can be done deciding on and
making encctuai electoral votes and IN judging con.
iicting ccrtincates-f this be truo this bill has no
iuotins.
YHsrEEDAy,s ARcruExT
dealt yesterday on the text Of the constitution 10
showhrst That u does authorize the President the
senate TO receive. Keep and produce and open all
certificates. and alter they arc opened that the cons
TUT does not empower hin to pass the votes they
may contain second, That implication works power
TO do only those things incident and essential TO
an expressly authorized act, aud that when the
prcssly authorized act is done aud ended
stops. From this bad argued that rs the opening Of
scaled certificates must take place before the votes
they contain be examined touched and of
course before counting can begin, the power to open
beforehand cannot imply the power to do separate
and different greater thing aiterward. referred
10 the TACT that every count from tho begin