The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1877-01-25
Forty Fourth Congressional Session.
SENATE.

SENATE.
WASHINGTON, Jan. "a.
Correspondence with Turkey in regard to the
revolt there was received from the President
and ordered printed.
Credentials of William Window of Mime.
sofa, j. E. Bailey of Tennessee, and J. G. Har-
ris of Tennessee, were presented aud filed.
Mr.. Wright from the Committee on Claims
reported favorably Senate bill to extend for two
years the act to establish the Southern Claims
Commission. He gave notice be would ask the
Senate to consider the bill tomorrow morning.
Several petitions, memorials, etc. were re-
ceived and referred.
Neither Sherman nor Gordon being present
the resolutions in their charge were laid over.
The morning hour having expired the COM
promise bill came up.
Mr.. Conkllng not being present a recess of
ten minutes was taken. On reassemblng, Mr.
Conkling being still absent, Mr. Sargent spoke
in opposition to the bill. He said he had en-
deavored to bring his mind TO an assent to the
provisions of the bill, first, because he desired
that result might be evoked out ofHthe COM
pl'cation that could be satisfactory to the whole
country, and second, because he desired that
equal and exact justice shall be done to every
candidate voted for at the late Presidential
election, and to each of the parties which put
these Candidates forward but he did not believe
this bill would accomplish any such result
There were suspicious of unfairness ABOUT the
DILL IL gave improper power to the tribunal
WuiCu III Crtdtto, anu II FAIRNESS was ueSiIeu
the bill was very unfortunate, because the re-
suit to be accomplished by it depended upon
one man to be selected, but as Yet unknown.
The supporters of the bill had addressed their
arguments to two questions only. tlrst was
the bill constitutional; and second, was 1T ex-
pedient. He then argued that il was never To-
tended that Congress should count the electoral
vote or discrimin nate between the returns. Ii
The trainers of the Constitution had intended
to lodge any such power in Congress few
words would have made it certain. 1t was not
intended to lodge such dangerous power in Coz
gress because the two houses could themselves
create the emergency in which the Constitution
provided the House should elect Pres dent
and the Senate Vice President. He argued
that the power to count tie electoral vote was
lodged 10 the President of the Senate. Mr..
Sargent quoted at length from the Madison pa
pets, and argued that the clause of the Consti-
tuition ia regard to counting the electoral vote,
as at first agreed upon by the Constitutional
Convention read:
The President of the Senate shall open all the
tcates and the vote shall be then and there counted
in presence Of the Senate and House of Representa-
tives.
1t was REFER to the Committee on Revision
and subsequently, reported so as to read:
The President of the Senate SHALL in the presence
of the Senate and House of Representatives. open all
certificates and the vote shall then be counted.
The members of the committee on revision
argued that the clause as revised and reported
was substantially the same as that originally
agreed upon by the convention. He objected
to the bill because it invited political party
defeated by ordinary forms to clamOr for auoth-
er hearing. The people would not respect the
decision of this tribunal, which was without
precedent and without sanction. lie regarded
the bill not as compromise but as surrender
of Republican right
Mr.. ConLng presented petition numerous
ly signed by the merchants and business men
of New York in favor of the passage of the
pending bill in regard to the electoral count
Laid on the table. He said he would present
to the Senate were it not addressed to the spe-
cial committee, a telegram received this morn
ing from Indiana, signed by 81 Republicans
and three Democrats, expressing gratitude for
the intelligent and patriotic labors of the spe-
cial committee, which have resulted in bill
for the settlement of the Presidential question,
and expressing the most earnest desire that 1t
may become a law. Among the signatures to
the telegram is noticed the name of Conrad
Baker, who was once Governor that of LeOni.
das Sexton, who was once Lieutenant Cover
nor, that of Mr. Gordon, Republican candidate
for Attorney General, and that of Ben Han ri
son. who was candidate for Governor, carried
the flag CALAMITY and led the late canvass in
Indiana though it was disastrous Mr.. Conk-
ling then handed the telegram to Mr. Morton,
amidst laughter on the floor and in the gale
rieS.
He then resumed his remarks from the
point where be suspended yesterday. He allud-
ed to the return from Georgia presented by Mr..
Hamlin, and denied that Mr.. Jefferson ever
directed the count of vote which he thought
to be wrong. He then referred to the difficulty
which occurred in the Presidential election in
1900, and read from the records Of Congress to
show that bill similar to the one now before
the Senate was considered in the House of Rep
resentatives. The debate on it was led and the
bill managed by John Marshall jast one year
before he took his seat on that high Judgment
seat, where over all the world he became re-
nowned as an exponent of constitutional law.
1t was the Marshall who argued as to the
necessity of some salutary mode for the settle.
ment of questions like these of today. The
Senator from Ohio (Sherman) yesterday erro-
neously stated that the pending bill provided
for secret>session of the committee. The bill
did not so-but the bill of 1900 did so provide.
But for taking up the time of the Senate he
would endeavor ID show the Senator from Cali
fornia (Sargent) that our forefathers thought
impartiallty was gained by counterpoising
against each other adverse bias. Nothing in
the bill OF 1900 ever for one moment put forth
the idea that the two Houses of Congress did
not have the power to count the electoral vote.
That the Vice President ever had any authority
further than to open the certificates was never
limited in the debate. Our forefathers did pro
vide that the Presidentof the Senate should not
direct for himself the or Ter in which be would
take up and open the certificates.
He next referred to the legislation of 1924,
voices that the paramount law of the Republic
had reposed in the two Houses the duty of con-
stitutionally. lawfully, peacefully declaring the
result OF an election. The two Houses of Con-
gress and they alone must determine whether a
vote was good, bad or Indifferent, He next re-
ferred to the 22d joint rule agreed upon in 1866,
and said it was adopted when the rebellion
stood CORY and with uplifted hands striking at
the vitals of the Republic. Many acts might
be proper though not competent in such an
.Il Lala ~
violated because the government asserted it had
right to be- The 22d joint rule had gone, and
he rejolcad that it had, but the argument re-
NAMED. Like Banquo's ghost, SIT would not
down." If the power to count the vote was by
the Constitution vested 10 the President of the
Senate, the 22d JOINT rule and every other rule
on the subject had been bold usurpaton.
Mr.. Conkling referred to Motions bill in re-
gard to counting the electoral vote which pass
ed the Senate at the last session aud said there
were only three Republicans who voted against
it. namely, the Senator from Vermont ed
muDds) the Senator from Wisconsin (Howe),
aud himself. That bill would have deposited
with the House of representatives absolute
power ID settle this election. 1t passed the
Senate and was held up on the motion to recon-
slider, made by a Democratic Senator. FL ad
not that motion been made the House of Rep.
resentatlves could pass the bill, and unless the
President found some constitutional objections
the die would be cast. He then read from the
Dill winch passed at the last session, and ar
gued that it provided that only that return
should be counted, which both houses, acting
separately, decided ID be the valid return The
Hon Senator from Ind, (Morton) said the bill
now tstore the S2nats was contrivance If
this ever was a continuance it was the bill
which passed the last session. IL was politl-
cal hell gate paved and honeycombed with
dynamite.
Continuing his argument Mr.. Conkling said
he Believed the Republican nominee had chOs-
en- the Chief Magistrate of this country He
belived him to be a patriot incapable of infict-
lug an injury upon his county, and he asked
him to take title to his great Office that no
one could question 1t was not for the Re pre-
sentatives of states to fefuse by an assertion Of
the law-maklng power to have peaceful, ade-
quate tribunal by the action of which every
difficulty would be solved
1t this bill was compromise of truth, of law
or of right, he was against it, but he depied
that it was any compromise, and above all it
did not compromise the right of principle or
the constitution. To contest claim was not to
compromise it. To insist on an honest, fair
count of the electoral vote was not a compro-
mise. A Presidential election had occurred,
and unless there was a tie, somebody had been
chosen. To establish that fact was no compro-
mise. Mr. Conklipg continued at considerable
length
The Senate held night session and Lad not
come to vote at latest account.
HOUSE.
House proceeded to the consideration of the
resolution reported by the committee ON privi-