The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-03-02

u0oj NOpplelOn, mOuTOe, hOOktI, WHbOu,
Marsh, Raymond and Lew.
Mr.. Garfield read letter from the Sec
rotary of the senate saying he had put the
package purporting to be the second GER
tiflcate in his pocket, as the package looked
like private communication, but being
admonished that his reception of 1t might
be construed as the reception of it by Pres
ident Ferry, he took it from his pocket and
placed 1t on the desk and since then had
not seen the package.
Mr.. Hewitt remarked that the package
had been brought to him by a messenger
from the senate who would not tell from
whom he received it.
The speaker asked Mr.. Garfield to sus-
pend his remarks till order was restored.
MIR. Garfield, after pause, said there Is
no pretense or claim that under any law
the president of the senate ought 10 receive
the paper under such circumstances There
is no signature on the back of the PAPER
authenticatinR 1t For aught we know II
lie another mock certificate II any body
has been deceived by preense that we
ought to have the paper opened in This
house coming IN such roundabout, un-
authorized way, let all such pretenses be
cleared away and let them vote with the
knowledge Of the fact that vote for the
resolution is simply vote to prevent the
count and to bring us into anarchy.
Mr.. Stone, one Of the tellers, stated that
he saw the secretary of the senate throw a
package under table among the rubbish !;
that he (Stone) Immediately wrote a note
to Mr.. Hewitt, and that Hewitt and he
had conversation during which he saw
the secretary take the package from under
the desk and put it in his pocket.
The discussion was closed by Mr.. Field
who expressed deep regret that the day had
been consumed in an attempt to rectify a
mistake which the dignity and self-respect
of the house compelled IL to rectify il pos
sble. He would not go into any question
about the vote of Vermont, whether it was
good or bad, or whether the paper was of
any value. All he knew was that ques-
ton had arisen respecting 1t which the
president of the senate had assumed to de-
eide for himself. Mr.. Field contended it
was the duty Of the president of the senate
when the paper was before him to submit
the question to the two houses, and the
only remedy now was to invite him back
to open the paper in the presence of both
houses. If there were two returns from
Vermont they should go the electoral CON-
mission.
In reply to Mr.. Cate, Mr., Field said no
time was fixed by law within which GER
tifcate must be filed.
Mr.. Hoar-Is there not source fixed by
law through which returns shall come
1t is not fixed by law. You men, you
judges, have decided that the law cannot
controvene the constitution nor can con-
gress make law that binds the states.
Congress could not do it and has not done
it. [applause.l 1t passed law in 1902
that certificates should be sent in by the
first "Wednesday in February, and if not
the secretary of state should send for them.
He could send for them at any time before
the two houses met. That is the law, if it
was not repealed by this electoral commits
sion, the law which declares that all GER
ti6cates, and papers purportlng to be GER
tihcateS, which shall have been received
shall be opened. have answered the OBJ
lection that this certificate has not been re-
ceived because it ought to have been re-
ceived in point of fact it was received in
your presence. It was delivered by the
member from New York to the president
of the senate. Was it for him to reject 1t ?
Are the representatives of the people to
submit to itT Are republicans to submit
to it! II you do, look out for 1881. Let
this house put down its heel at once and
forever on the doctrine that the president
of the senate is anything more than pre-
siding officer, guardian of the credentials
until they are opened, and that it is his
duty to open Them and submit to the two
houses every question that shall arise.
The debate beng closed, and the question
being on the resolution ffer d oy Mr.. Pop
pleton, Mr.. Knott moved the foliosiDg
amendment:
Resolved, That this house requires thai
the package rendered by The member trJm
| New YORK to the president OF the senate In
| the presence of the two houses yesterday
| and purporung to be the certificate of tht
electoral vote of Vermont, be opened by
| the president OF the senate in the presence
| of the two houses, and ii found to be such
| certificate, the same shall be submitted
"tOgether with the certificate read in the
pr esence of the t~ o hous, 8" to the electo
raj commission for Judgment an deciriou
and that the senate be requested to make
a like order 7, lirlng the president of tns
senate to open such package in the pres
ence of the two houses. and until such or.
der be made the house will not be ready Il
mt Ell the senate and proceed with the cUun
of the electoral vote.
AS the vote progressed on this resolution
and as there was an apparent prospect o.
its having majority in Its favor the mos
intense excitement prevailed. At tb'
close of roll call rumor prevailed that th,
resolution was carried but gradually a
member after member who had been on
when the names were called or who hat
withheld votes rose in response to the sec
ond call and responded "no" the gloon
was dissipated. Finally the vote was an
nounced, yeas 1l6, nays 14s.
Mr.. Wood offered an amendment tina
the vote be not counted.
Mr.. Walling moved to lay it on tn
table.
A point of order was made that the mo
ton to lay on the table was not in order a
this was the main question on which vot
must be taken under the election law.