The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1877-01-30
THE ELECTORAL BILL.
AIessu &c of the President Approving it,

Message of the President Approving it.
WASHINGTON, Jan. 29-The following is the
Presidents message concerning the electoral
bill:
To the Senate of the United States:
follow the example heretofore occasionally
presented of communicating in this mode my
approval of the act to provide for and regulate
the counting of the vote for President and Vice
President and the decision of the questions
the imminent peril to the institutions of the
country from which, in my judgment, the act
affords wise and constitutional means of es-
cape.
For the first time in the history of our coun-
try under the Constitution as 1T now is dis
pute exists with regard to the result of the cleo
ton of Chief Magistrate of the nation. 1t is
underst that upon the disposition of the dis
putes touching the electoral votes cast in the
late election by one or more of the states de-
ponds the questions whether one or the other of
the candidates for the Presidency is the lawful
Chief Magistrate. The importance of having
clearly ascertalned by procedure, re gulated by
law, which OF the two citizens has been elected.
and of having the right of this high office re-
cognized and cheerfuIly agreed in by all the
ed, and leads me to express to Congress and the
nation my great satisfaction at the adoption of
a measure that affords an orderly means of de-
cison of gravely exciting question.
While the history of our country 10 its earlier
period shows that the President of the Senate
has counted the votes and declared their stand
ing, our whole history shows that in no in
stance of doubt or dispute has he exercised the
power of deciding and that the two houses OF
Congress have disposed of all such doubts and
disputes, although in no instance hitherto have
they been such that their decision could essen
TALLY have Effected the result. For the first
time, then, the government of the United
States is brought to meet the question as one
vital to the result, and this under conditions
not the best calculated to produce an agreement
or to induce a calm feeling in the several
branches of the government or among the peo-
pie of the country. In ase where as now,
the result is involved it is the highest duty of
the law-making power to provide in advance a
constitutional, orderly and just method of exc
cutting the Constitution in this most interesting
and critical of its provisions The doing so so
far from being compromise of right, is an en-
forcement of the right and the execution of the
powers conferred by the Constitution on Con-
gress. think that this orderly method has
been secured by he bill which appealing to the
Constitution and the law as the guide in assert
ing rights, provides means of decision questions
of single returns through the direct action of
Congress, and in respect to double returns by
a tribunal of inquiry whose decision shall stand
unless both houses of Congress shall concur in
determining otherwise, thus securing definite
disposition of all questions of dispute in whaC-
ever aspect they may arise.
With or without this law as all the states
have voted and as a tie vote is impossible 1t
must be that one of the two candidates has
been elected, and it would be deplOrable to wit
the two should receive or which should continue
to hold the Office. In all the periods of history
controversies have arisen as to the succession
or choice of the chiefs of states, and no party
or citizen loving their country and its free in-
situations can sacrifice too much of mere feel
nrpSArVlnU thrOUDH nj
the law their country from the smallest dan
ger to It's peace on such an occasion, and it
cannot be impressed too firmly in the hearts of
all the people that true liberty ard real prog
ress can exist only through cheerful adher-
ence to constitutional law
The bill purports to provide only for the set
Element of questions arising from the recent
election. The fact that such questions can
arise demonstrates the necessity, which 1 can
not doubt will before long be supplied, of per-
manent general legis latiOn to meet cases which
have not been contemplated in the constitution
or laws of the country. The bill may not be
perfect and its provisions may not be such as
would be best applicable to all future occasions,
but it is calculated to meet the present condi-
ton of the questions and of the country. 1t
needs aid, it desires peace and quiet and har-
mony between all parties and all sections. Its
industries are arrested, laborers unemployed
capital idle and enterprise paralyzed by reason
OF the doubt and anxiety attending the uncer-
tainty OF double claim to the chief magistracy
of the nation 1t wants to be assured that the
result of the election will be accepted without
resistance from the supporters of the disap
pointed candidate and that its highest officer
shall not ho,d his place with questionable title
Of right. Believing that the bill will secure
(Signed,j q. S. GRANT.
Executive Mansion, j an. 20, 1877.
Thurman and Bayard Chosen by the Dem
Ocratic Senators,
The Democratic Senators were in caucus a
short time after the adjournment of the Senate
this afternoon, and selected Messrs Thurman
and Bayard as the two Senators from the Dem
ocratlc side as members of the commission.
When the caucus first assembled it was sug-
in Louisiana as a member of the committee to
investigate the recent election in that state
should be member of the commission, but he
declined. Messrs. Thurman and Bayard were
then unanimously elected.
Republican Senators Choose Edmnnds
Morton and Freiingbuysen.
At an adjourned meeting of the Senate Re-
publican caucus this afternoon Messrs. Ed
munds, Morton and Frelinghuysen were unani-
mously chosen to be members of the Senate
branch of the commission, and they will be
formally elected by the Senate tomorrow, with
Messrs. Thurman and Bayard. All five were
members of the joint committee which framed
The proceedings of the caucus this afternoon
were entirely harmonious.
The original opponents of the bill desired to
be represented on the commission not only by
Mr.. Morton but by some other western Senator
sharing their views, but no personal nomna-
tiOu was made in opposition to that of Mr.. FIRE.
linghuyseD, which was supported by all the
friends of the bill, Including Senator Conk-
ling.
Judge Swayne's Relations with Tilden.
Some comments have recently been made re
speeding Associate Justice Swayne in connec-
tloE with the judicial branch of the electoral
VOTE arising out OF alleged business relations
with Gov. Tllden. There is authority for saying
that this gentleman never was engaged in any
speculation with Gov. Tilden.
Judge Davis will mot Accept Seat ON the
Commission.
Associate Justice Davis as soon as the bill
constituting an electoral vote commission pass
ed bothiaouses notified his associates and other
friends that in the event of his being offered
the fifth place on the judicial branch of the
commission, under no circumstances would he
allow his name to be used in this connection
He considers it indicate after being elected
Senator to take position which might be open
to criticism, AMI refuses absolutely to reconsid-
er his decision.
Associate Justices Clifford, Strong. Miller
and Field, the four members of the Supremn
Court required by the electoral act to serve upon
the judicial branch of the commission were
this evening furnished with certified CODY of
the act by the Secretary of State. They meet
tomorrow to select fifth associate in accord
ance with its provisions.
Payne, Abbott and Hunter Chosen by the
House Democrats.
The Democratic caucus tonight balloted for
three members Of the House to serve on the
electoral commission, and selected the follow.
ing members: Payne of Ohio, Hunter of Vir-
ginia, and Abbott of Massachusetts. No other