The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1877-02-09

CONGRESS-.
In the Senate, on the oath, the bill 10 pro-
vide for counting the Electoral vote was taken
ND as unfinished business. MIR. Lonkling was
enutled % the door. hut not being present, Mr..
sargent spoke IN opposition 70 the bill. He ar
gued that the trainers Of the Constitution never
Intended 10 lodge IN Congress the dangerous
power ~ discriminating between returns OF
Electoral votes. but that the power 10 count the
votes was lodged In the President Of the senate
alone. lie opposed the bill because II degraded
Inc supreme court BY bringing the Judges down
to the muddy pool ~ politics and
compelled them 70 wade through IL. lie further
objected 70 the bil because \ invited the political
ior another hearing. The people would not re-
spect the decision Of this tribunal. which was
without precedent and without sanction. fie
regarded The bin not As q compromise. but as a
surrender u Republican rights. Mr.. Sargent
having csncludcd, Mr. Conkling resumed
the floor and continued his argument in
, wss then !" made and defeated. and 0I re-.
e evening session speeches we're made IN favor Of
the bill BY senators Bayard' xhristiancy. Thur.
II BY senators Morton. Blaine and Eaton. Sew
eral motions " adjourn were rejected and AT
a m. the senate was still in session, II being the
purpose Of the friends OF the bill 70 force II 10 a
vote before adjournment In the House.
consideration was resumed OF the resolutions
reported by the Committee on Privileges,
McDill In favor OF the resolutions submitted by
the minority OF the committee. The Presidents
message In regard 10 the use Of troops in the
south was then taken up as unfinished business
and Mr.. Wood offered resolution that the mes
sage be refe red 10 a select committee OF eleven
10 inquire whether there had been an exercise Of
authority not warranted by the Constitution and
laws on the use OF troops, for which the PreHi
dent Is justly responsible, with power 70 send for
persons and papers. After considerable discus
sion the resolution was adopted-yeas. 1874;
nays, 70.
The following IL a brief resume OF Senator
Conkling's speech delivered on the 23d and 9th.
upon the Electoral bill: Mr.. conKling said that
study Of the matter. years ago. convinced HIM Of
the right. anu therefore the duty. Of Congress 70
ascertain and verify the Electoral votes and de-
clare the true result Of Presidential elections or
else BY an assertion 81 law making power to de-
clare how these acts should be done. His pres
ent judgment did not rest on preconceived opin-
lens. Some weeks ago he reviewed carefully
and cautiously every act and proceeding In our
history bearing upon this question. and. without
the aid Of compilations made since then, he had
examined every utterance In books lie then
spoke Of the objections 70 the bill and said II II
were true that the right 10 count the votes was by
the Constitution imposed upon the President Of
the senate, the bin now upon the table, nor any
bill, rule or plan would he Of the slightest efficacy
or effect. Whenever the Constitution deposited
apowcr with any officer, department or function
airy, there IL must remain. II the Constitution
Deposited in the President OF the Senate
power TO count the Electoral vote. there
was an end Of II and any act rule 10 strip him
81 that power would be d bold intrusion upon The
Constitution. II such were the power OF the Pres
idcnt u the senate. then every proceeding had
heretofore BY the two houses Of Congress was
fragrant violation Of the Constitution. He ,lc-
MED that the power 70 count votes was vested in
the President Of the senate. and said II the Con-
sttuton gave all the power TO one man. II was
not easy 10 see how Congress could witness or
verify the act II the President Of the senate chose
10 utter words, members Of the two houses must
listen % him. The Constitution declared the
President OF the senate should open MI ccrtif-
Gates. That was grant OF power. II then de-
declared the vote should be counted. BY whom
Did the trainers ~ the Constitution intend IL
should be BY the President of the Senatef II 50,
two little words would have fixed il. The men
who drafted the Constitution were masters Of
language. They were 20 fastldious In their taste.
- exact that words should become echoes OF
thought. that they appointed Committee on
style IN order that every sentence might be scru-
unized, and thus provision IN regard - count
ing the Electoral vote was referred 70 that com
mittee and reported back by the committee. lie
could not believe that the trainers Of the Consti
tuition int nded the President Of the Senate
should count good. bad. and indifferent certin
Gates, as vas argued by the senator from In.
diana Mort NJ yesterday. II had been said
that the power OF the President Of the senate,
though not expressed In the Constitution,
might be implied. lie could not accent that doc
trine. Authority TO do q m nlsterial act did not
imply authority To do a judicial act. To open
the certificates was purely ministerial act, but
~ count the votcswas something more. The good
certificates must be assorted from the bad ones.
II New York sent IS Electoral votes. only Is
would be true votes, and the true ones must he
taken from the false ones. II certificates from
Massachusetts, should show that that
State voted for the Democratic can
dida g., II would be false. The world
knew that she voted for the Republican nomi
nee, and mast be 80 counted. lie spoke nj some
length AZ 70 the constitutionalty OF the BILL and
asked. Did not reason and fitness Of things in
form the senate that our fathers intended that
the power 10 vitiatc, n allegations Of fraud or
irrcgularity. the Electoral vote Of State. and
thus turn an election, should not be repoeed in
one man. They knew II would be safer rcposed
70 commit this vast power 70 one man, especial
ly ~ that man might be the sole Judge
in his own case. Divine and human law, since
the morning Of time, said no man should he n
Judge OF his own case, even though he sat with
others. II the President OF the Senate had the
senate might select President for the secret
purpose Of making the count one way. Was
such creature Of an hour a safer anchor than
the two houses Of Congress? No such action
was designed for this Republic the only con
siderable experiment Of free government cxtant
on the globe should this experiment fat. II
would turn back the hands on the clock Of ages.
At 5:l0 .. m. on the 25th, after an all
night session Of the senate. during which a
number OF amendments were voted down, the
Electoral bill was brought TO vote and passed
yeas. Al; nays. II. Following 10 the vote In
detail:
YEAS.
Alcom, Dennis, Merrill,
Allison, Edwards, Price.
Barnum, Frclinghuyscn, Randolph.