The New York herald., 1877-02-27
PROCEEDINGS OF THE SENATE.


rhe Senate rcassembled ten O'Clock but no legs-
iative business transacted. AS the objection in
the case of Mr.. Morre tho Pennsylvania ecctor, was
disposed oil on Saturday the Senate awaited the action
OF the House OF Representatives on the matter.
RESIGNATION COMMISSIONERS THURMAN
At hafpast one O'Clock tho PRESIDENT pro tenn laid
before the Senate letter IRON Judge Clifford President
OF the Electoral Commission, announcing tho resigns
ton OF Hon. Allen q. Thurman, member OF the COM
mission, on account Of physical inability to discharge
the duties CT tho position aud enclosing copy OF
resolution adopted by the commission this morning,
to inform the Senate OF that. act In order that the
vacancy might be llled
Mr. McDoyALD Hcp.) of Ind, submitted a reso-
ton appointing Hon. Francis Kernan sena.
tor from the State Of New York, member OF the
commission IN place of SIR. Thurman, and 1t was
UNANIMOUSLY agreed 10.
Al ten minutes past thrce NJ. Mr. Adams, Clerk Of
the Hous. Of Representatives, appeared IN tho House
Of anu notified that body vi the action
Of tho House in the Pennsylvania case and also that
The House was now ready to meet the Senate for the
purpose OF resuming tho count.
The Senate then proceeded TO the hall OF the House
Upon returning at halt past three O'Clock the PREsI
DENT pro tenn. announced that the Senate retired from
The JOINT meeting, upon objection made 10 the ccr-
tineute OF Rhode Island.
Tne SECRETARY then read the objection to tho vote
OF william >. slater, appointed cector by the Legisla-
iure IN place OF George H. CorIss.
MI BuRNsIpE lrep.J oi Il. l., submitted resolution
that tue vote OF W. s. Slater be counted with thor
votes oil tho electors OF Rhode Island
the objections made thereto
ARGUMENT MR.. BAYARD.
MT BAyARD, tdcm) OF Dol, said 1t was proper to be
noteu thai before any decision had been made by the
Congress OF the Cnitcd States before the decision
The co'nnission appointed by act OF Congress there
were Two expressions OF what he believed to be tho
universal opinion 81 the citizens the United states
whether OF the legal profession or not under tbc
grave and consideratc action of the Judiciary
aud the Legislatures of Two O, tho States
where tho limitation OF the constitution upon
The power Of the State 10 appoint her electors
had been di,rcgarded so PLAIN ana accepted was tho
puolic view oi this question that the prohibition aud
Limitation o the constitution intended 10 hedge around
and protect the Executive Office Of this nation from
influences held TO DO mpoitic and impr oper Thai no
one holding an Office OF trust profit under The
United States was believed DO cnt as an cc
tor. He thcn referred TO the Corlss In Rloue
Island who held tho Office oi Centennial Connis-
soncr, and said his first submitted TO the u-
prcno Court OF tho State, when found two essential
lacts-
FrSf-rhat hc was an officer OF tho United States
holding aD Ollce OF trust, and
Sec0nd-llis appointment was invalid.
lie that the State had tie power TO appo,nt
him. therefore thcro had not beer u vacancy as there
was no appointment rhc State oi Rhode Island In
stuctcd ny her Supreme Court avaled herself OF Tho
opportunity gwen by the act OF Congress passed in pur
suancc OF the constitution to provide remedy for her
failure to appoint one OF her electors An act OF the
Assembly was passed, and election was held under