The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-01-05

graphers, will plead, among other things,
that what Morton's committee requires
them to do Is felony in Oregon.
XLIVTH CONGREsS--Second Session.
WASHINGTON, January 4, 1877.
/ SENATE.
Mr.. Conkling presented fourteen memo
rails against the bill to amend the shipping
act. 500
Mr.. Conkling presented petition Of
bankers, merchants, and other business.
men OF New York city in favor Of an ami
cable settlement OF the presidential contest,
expressing the hope that all party consider
atoms shall be laid aside, and pure, unself-
ish patriotism control the action Of Con-
gress in the matter.
In presenting the petition he spoke Of the
character and standing OF those signing it,
and said they were men long and honorably
tries. It might not be amiss for him to
add his avowal OF his sympathy with the
appeal Of the petitioners for patriotic and
lawful action. The observance of the
Constitution, obedience : to law, and
maintenance OF truth was not a party
question or party proceeding. Parties
might contend and should contend
over measures and men, but when questions
had been submitted to the ballot-box there
was one lawful duty, one lawful proceeding
remaining, and that was to find the honest,
true result, to declare it, and to abide by it.
That was the duty Of the hour. 1t rested
on the Senate; it rested on the House; it
rested on the nation; it rested on every
citizen OF the republic. Party interests, as
well as patriotism and honor, pointed in
one direction and taught one lesson-that
lesson is, whoever stands on truth and right
shall not fall; whoever stands on false deeds
| and wrongs shall be Overthrown.
The petition was referred to the special
committee appointed to devise means for a
proper count of the electoral vote.
Mr.. Wrights bill establishing court to
count the electoral vote was discussed and
referred to the select committee on counting
the electoral vote. During the debate Mr..
Herman said he could not agree with some
of the views expressed by the Senator from
Iowa (Mr. Wright, and he desired to eX-
press his dissent now. The Senator from
iowa had argued that it was the right and
tho duty Of the presiding officer Of the
Senate to count the vote; the duty was inn
posed upon him. He (Mr. Kernan) could
not agree to that construction OF the Con-
stitution.
He did not think it was the intention OF
the trainers of the Constitution to impose
any such duty upon that officer. The two
houses Of the Congress had the right and
had imposed upon them by the Constitution
the duty OF counting the vote. Mr.. Herman
then quoted from the Constitution, and said
the duty deyoIved upon the two houses OF
Congress, representing the States and the
people, to sec that no improper or fraudu-
lent vote was counted. He did not desire
to argue this question at length to-day, but
submitted that the two houses Of Con-
| ercss were not to sit like dumb
statues and see wrong go on. The prac-
tice of counting the vote had not been in
accordance with any such construction of
the Constitution. On every occasion each
house had appointed tellers to count the
votes, and as he read the preccdents on
every occasion when any occasion had
arisen in regard to counting a certificate
the two houses had separated to decide the
matter. 1t had never been held that the
president of the Senate had the constitu-
tional duty to count the vote.
lie then quoted from numerous pre-
cedents, and referred to the case of Missouri
in 1921, in regard to which he said when
it was known that there might be question
raised as to the vote of that State commit
tee of the two houses agreed upon resolu.
ton that ii any objection should be made to
the vote o. the State, and the counting or
emitting to count the same, it would not
change the result of the election. Such re-
suit should be stated both ways, with and
without the vote OF Missouri. He argued
that it would not be wise now for Congress
to attempt to give new construction to
the Constitution, which would greatly add
to what all deprecated-the heat and eX-
citement Of the hour. Every senator and
every representative in Congress should
enter upon the discharge OF this duty. OF
counting the vote without prejudice and
without partially. At this time every man
should remember that the important ques-
tions before Congress arose above all party
questions in counting the electoral vote. Ii
a case should come up where there was
fraud, and where it was shown beyond q
doubt that the certificate was afalsehocd, the
safety OF the Government and the peace
of the people DEM n led that 1t would not
be counted. He united with all men in the
hope and the belief that all these questions
would be settled according to the ConstitC.
ton and the laws. and that the real truth
would prevail.
MIR. Sherman, OF Ohio, inquired il the re-
suit Of either house Directing to the count
ing Of the vote OF State would be the eX-
clusion of that vote.
Bir. Herman said he would like to hear
that matter discussed.
Mr.. Sherman said he did not intend to eX-
press his opinion upon these questions
about to arise, but he would examine them
calmly and dispassionately. He had no
doubt that when the two houses concurred
that the State was fraudulent it should not
be counted, but if the two houses disagreed
as to the count OF a vote it would be reyo-
lutionary if the objection of either house
could exclude that vote.
Mr.. Bogy, of Missouri said that was the
twenty-second joint rule.
Mr.. Sherman said the result Of such a
rule was worse than that OF any rule in
Mexico. He had hopes, not yet clouded in
the slightest degree, that the two houses OF
Congress, through their committees, would
agree upon plan by which the vote for
President would be peacefully and lawfully
counted. He regretted that the Democratic
party in his own State had appealed to the
popular prejudices, and called meetings on
day sacred to the Democratic party for the
purpose of having resolutions passed
in regard to the presidential election,
at a time when both houses OF
Congress were considering the dis
| puted question. He was glad to
say that the great party to which he be-
| longed was quiet, calm, and serene. No
public meetings had been called by the Re-
publican party to instruct Republican sena-
tors and Representatives, and he hoped there
would be none. He expressed his profound
hope that senators, and Representatives, and
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