National Republican., 1877-01-26
FORTY-FOURTH CONGRESS.
SECOND SESSION.
2anata.
THURSDAY, January q, Is

After our report closed at a. IN. yesterday,
Mr., MORTON took the floor, but said he was not
able to 20 on with his remarks tonight, and
| moved tn at the Senate adjourn.
The question was put, and decided in the mega
| tive.
The yeas and nays were demanded. Pending
which,
| Mr.. SHERMAN said he thought the bill was
being unduly pressed. The opponents Of the bill
| had spoken only about Ave hours, while one Of
the friends Of the bill had occupied many more
| than that number OF hours, and MIR. MORTON was
| tho only member Of the committee who opposed
the bill, and II seemed no more than right 10 give
way to his request, and let the vote be taken to-.
MIR. EDMuNps said the bill was not his, and
the case was not bis, and c the senate decided to
beavaiiable at all It must be passed at once.
The yeas and nays were taken, and resulted
yeas 20, nays IL, and the senate refused to ad.
The Democrats voted nearly solid against ad.
! tournament.
Speech OF Mr.. Morton.
Mr.. MORTON said that the undue h,stc In
| the passage Of this bill was unprecedented and
| was the result Of panic-a panlc among some Of
Of Of hull Run He did not share in fse panic az tso or
! the fear Of difficulty He believed IL they should
Seventy 1--WE years no man would dare to raise his
hand egainst IT, He had observed by the vote
Just taken that the DEMOCRATS were almost solid
wonder at II, for 1t gave them advantages which
| they did not have without II. 1t was Demo.
cratic measure, and they favored II.
Mr.. MORTON then contendod that the PresI.
| dent OF the senate was the proper and only per-
eSaen 10 show ,Sa IND sWSys sesp ~ Inc enS
pursued. He said that tho votes were to be
counted in the presence Of the two House Just
were to be executed In the presence of witnesses;
Just as bids were opened BY heads Of departments
that he witnesses or the bidders arc to aid in The
execution OF the deed or opening OF the bidsf
The President Of the Senate has no power to
open bogus return, and he need not do It,. The
question arises, how Is he to determine what is
bogusT AS public officer he is bound to take
notice Of such public event as that Of casting Of
electoral votes.
Senators have said that II the Constitution had
intended to have the President Of the Senate
count the votes II would have said so. Might he
not ask II the Constitution had designed the two
Houses to count tho votes It would have said so.
retarns Of State The Senator sSm oRo
tMr. THURMAN had said that the power to count
the votes belonged to the two Houses. II that was
true that power could be delegated to anybody
else, because II the Constitution has placed
power In the two Houses It cannot be delegat
Violating ihe ConsttutioS, and that I Is what this
bill proposes to do, and he believed It was in.
This commission Is q tribunal. It IS created to
de the work OF court, and is q separate organl.
zation, for that would be a strange committee Of
that Is composed OF members who belong to neither
the Senate nor the House. Being separate court,
with independent functions they must be ap-
pointed by the President and confirmed by the
Senate. The Senator from Ohio IMr. THuRMANl
said II the bill did not provide for going behind
Democratic vote, and that is why they advocate
the bill. II Is covered with very pretty white
meal but the Democratic cat Is 5oPosIng beneath
He was a Republican, but he did not think he
was any more of partisan than the senator from
hs ssS SS Dem Rsi
party was Legitimate descendant Of the Repub.
there such an effort to T pass this Biiiif why did
after dayg There was much more he would like
to say, but he was absolutely unable. He had
acted eonscientiously, and accorded the same
speech of Mr.. Blaine.
MIR. BLAINE said he appreciated the gravity
| of this occasion as much as any one present, and
on this question He would not vest in any man
or any body Of fourteen men. they to choose
n sS.,s a' s
Congress had the power, nor could It delegate the
power % DO what thI; 6lii proposed % %, and he
this session closed some measurs to adjust such
difficulties would be perfected that would be ac
ceptable to all and would endure for ages tc
come.
Speech of MIR. Howe.
MIR. HOWE said he could not see as this bill
was measure for the benefit of the Democratic
party. He had not heretofore worked with that
bis eyes open. Who could Jay that these aftosr
party? No such questions as this one had ever be
ioro comeup. There was dispute about Tho had
dispute? H S'' Some Sne must decSs IT, s'dH He did moi
think the trainers Of the Constitution had any
idea that any such state Of affairs would ever oc
cur He believed this bill would stand as tht
prOudest monument Of the Legislation Of this Of
any other Congress, and was as important as any
act that had taken place since the Constitution
was framed
| Speech of MIR. Eaton.
Mr.. EATON said he proposed to act on his owl
conviction, without regard TO party. lie did no
aS % 70 tnS ses I'D TGId
He believed It was, and that It was to be done b!
action has been the rule and and precedent for
hundred years, and the two Houses must max
to any commission or tribunal, and the iaet thS
this contriyance does confer that power is reasol
enough for sinking 1t. The two Houses canno
bers cannot divest themselves of the power. II
could not honorably dodge or shirk this power
Know @ " which party part ' was u to be benefited by III tH
bill, but he had heard some one say that both par
ties would get cheated by It: Another reaso
two new factors into the electoral count, viz
outsiders and the President Of the United State,
He was opposed to it, and 1t would never bec0m
Mr.. THURMAN said he hoped this bill woul
become q permanent measure, and be used FOR Al
time, for he did not believe this country coul
stand tho strain Of q quadrennial election withou
some such measure or constitutional amend
ment.
Speech of Mr.. whyte.
Mr.. WHYTE presented q petition Of severn
citizens Of Washington, D. T., protesting agains
the passage Of the bill. He then said that he bt
leved the bill to be unconstitutional and II It wa
, to be a permanent thing he should certainly OF
pose II. He said that II was the duty OF the PRE-
dent OF the Senate to count the votes, and II ther
had been no election, the House should procee
Immediately to elect a President. He said II wa
apower exercised by the Governors OF all th
siding Offieer Of the Senate. At great length h
cited Instances to show that he was correct In hi
assertion, and asked II all these acts could hay
taken place II 1t had not been constitutional an
right and II he opposed this bill and was over
come by tho paucity Of those who agreed wit
him, he could at least hide himself behind tn
wisdom and action of some Of the wisest men.
He held that Congress had no power or right /
go behind the returns or the certificate Of
Governor, and they could not, therefore, go bac
OF the certificates of the Governor of Oregon
| His certificate was entitled to as much respect O
that OF any Governor He expected, howeve
that he should support this bill as II was TO b
used only on this occasion, but he doubted th
authority to confer any such power upon men
bers Of the Supreme Court, and considered 1t VI
= constitutional.
Speech of MIR. Merrimon.
, Mr. MERRIMON said he had ySry gray
doubts about the power to confer this power upO
this commission, but he would resolve his doub
In lnUAF FaE In md R.IaRu and ..