The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1877-12-06


from Louisiana icr the term ending March
4, 1873, the Democrats arguing MS case
might have been reported before this time
and the Repub!icans claiming that 1t would
have been already Reported had not the
committee been prevented from meeting
yesterday, by the CONTINUOUS session OF Tie
Senate.
The vote o. HoRMANs amend
ment to swes er re-uiteG-yeas, 81
nays, % Dasls, oil iiiiiiois anu PATTERSON,
voting with he Democrats IN the aiIrma'
tive, ana C"Dover WIN the hepuoiicans In
the negative;
The IE-fhESiDE-, gave the de-
ending vote, ana declared the amendment
lost.
Mr.. iii KHAN arose To a point OF or
der, and challenged the right OF the lee
fr--iuent 10 vote on TINS matter, as tue
question was one Affecting the organization
oil the Senate, and not question where a
provision oil the Constitution provided that
the Vice President had a deciding vote IN a
case OF this kin.- ieoate ensued.
Mr.. IHt KHAN said that II 1t were a
direct vote upon the question OF seating
Butier Instead OF vote on an amendment
" "
Ice. ffer'uel' "ou'u no' nave risht 10
vote III case oi 'ie' i'e saiu TINS was
yer! interesting 4"es'.'' anu ne -upliitteo
ihat me provision oi ,iie constitution that
the Nice-fresident shall have no vote ex-
cePt IN case oil t'e, uid mol Apply 10 the
scaling oil Senator. Inc other
provision OF the Constitution, that
each house shaii * the Judge
oil the election 'nd 9uaiincati"ii- oi It's own
ihenloers, leit this hialier ehiiieiy III me
hands OF the Senate. ihe question must be
decided by the Senate itseii' ana the lee
PRESIDENT couiu MOI vote III the case oil t,e'
Inc hs-i r. s'deh' WIS MOI part oi tiie
Senate, but Simply pre>i 'ihg ohieer- lie
was moi eiecie1 a. a oena'"f-
sir. EDh, Ms SAID tiat II the Nh"ie oil
th.s affair was mol somewhat extT'"rdinary'
tlis LATER move "Mid cap me
the whole ahair, 80 nothing could be SAID
on That point OUT me Constitution provi-
ded, without limitation or quaiiheatlon,
thdi the VICE resident shoui" nave the
casting vote. IL was desrdOie ior this &C.
caeeion, however, To Impart the same quail
hcat'oh or Elimination, ana that was tnat
each holl-e shall oe the Judge oI the election
aud qualifications ai lis own members The
CONSTITUTION provides that the ice-fresl-
dent should be PRESIDENT oil The Senate and,
being President OF that body,
he, therefore, belonged to 1t. II the propo-
silion al the Senator trcm OHIO he true, the
\Ice-Pre>ldent could have no vote on a
bill or anything else. The Senate AZ one OF
the houses oi Consiess, must agree To bill
passed by the House OF Representatives, be-
Tor, IL could becone law, and II the Vice
President could not vote I'D the case oil tie
IN matter pertaining 10 The organization
of the senate, then by the same sign, exact
~, he should have no vote on bill in the
case Of Il tie, a 1t required the action Of the
House of Representatives also upon ii.
MIR. bEtk said II was not necessary that
the Nice-President should have voted, to-
day, at all. He thought he was rather
ha>;y in giving his vote, and that, being so,
all this discussion was out Of order. The
did not receive majority OF
the votes, and, therefore, was lost
Mr.. EATON SAID he had no doubt, in his
own mind, that the President OF the Senate
had no power TO act in the orga4-
cation OF the Senate. lie Is not
one oil lhe representatives OF a sovereign
state, and when the proper time came, he
[ Ealonl would be glad to argue this mat
Ter. lie would go farther and say that If
any man should get a seat in the Senate by
the action of the Vice Pre- ident, if he
Eatonl lived IN 1873, he would ask that
the chair filled by such person he declared
vacant. In his opinion, such action on the
part OF the Nice-President would be vio-
Iation OF the Constitution OF the United
States
Mr.. EDMt NDs-The Constitution, not
MIR. Eaton, my friend, Is
witty and saiiracal, but he will find out
that this is not a one-sided Thing. altogether,
before he gets through with 1t, should the
Nice-President assume unto himself the
right TO vote in case of a tie in seating a
senator and give a seat to ANY man, anu he
Eaton should protest against it, and when
the proper time arri ed, ON the fourth or
, :. n Il.