Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1877-02-16

btu tiIOSC WIZ SIdll
howl for "wah" will howl in vain.-
Chicago Tribune.
SENATOR ALLISON.
His Opinions Regarding the Presidential
Arbitration Plan.
Oskaloosa Herald.
voted tor the bill as the best
possible solution of our troubles here.
The Constitution does not say in ex-
press terms who shall count the
votes. From the foundation of the
in disputed cases, Con-
gress has always taken control of
disputed questions and acted upon
them, no one doubling the power of
the two Houses, or even suggesting
in debate a doubt of their right to
exercise it before 1857. Notable in
stances are 1917, 1921, 1887, etc.
Votes were never rejected except I'M
der the JOINT rule of 1865. The pow
er was never exercised to rejectvotes,
and it is clear that this power to
count means the power to count the
votes sent by the State authorities,
not the power to 60 back of the GER
titicates sent from the State.
In 1865 achen both Houses acere
strongly Republican, and when the
Senate contained surely as able men
as now, or as at any time, the 22d
JOINT rule was passed, which gave
the right of either House to reject
the vote of a State. Under this rule
the counts of 1865, 1869, and 1873
were made, and votes were rejected
under the rule by the action OF one
House. at all these counts both
Houses acere Republican. In 1868
for the first time dou6le returns APP
peared from State, (the State of
Louisiana). Both were thrown out,
and the vote of the State lost. This
led to the agitation of the subject
under the leadership of Senator Nor
ton, chairman of Privileges and Elec-
tons. Mr.. Morton brought in bill
reversing the 22d joint rule, provid-
ing that no State should be ~ejected
unless both Houses concured, eX-
cept in case of double returns, or
purported returns, and in that case,
that return only should be counted
which received the concurrent ac-
ton of both Houses. This bill was
pressed to a vote last March and
passed the Senate, only three Re
publlcans voting against it. There
was much discussion as to the clause
relating to double returns, and Mr..
Thurman moved to reconsider the
vote by which would not disfYan-
chise a State, which the bill passed,
hoping to find some solution of
double returns. That bill, had it
passed into a law last session, would
have relieved us of all trouble at
this session. Mr.. Tilden's title
would have been clear, as all the
House needed to do under it was to
refuse to count Louisiana, Florida,
etc.
Now it appearing to our advan-
tage at this particular count that Mr..
Ferry, Senator from Michigan, and
President pro tempore of the Senate,
elected by that body, and holding at
the will of the Senate, should have
the power to count, that power is i'll
sisted upon by very many able men;
and it must be admitted the argu-
ments for this power have very great
force. But whatever course q few
Senators might have taken, it was
plain that a majority of the Senate
would not consent to the exercise, by
the President pro-tempore, of a pow
err doubtful from the express words
of the Constitution and rendered
much more SO by repeated construc-
tons of that instrument against such
exercise. OF course the House would
resent this exercise of power by him
| do not see how he could well count
with both Houses committed against
it. nor does it seem wise. in the pres
ence Of such doubt, involving the
gravest constitutional questions for
him to take the whole power, and
give rise to the charge that he had
usurped power in the face of the two
Houses in order to count in Mr.
Hayes. Now in the absence Of law
or rules made in advance, all these
questions would have drifted until
February l4th, when it would have
confronted them in the presence OF
four hundred members. To have
allowed this drifting process to go
on, would have been little short of
madness, and would have verified
the prediction often made by the
wisest statesmen, from Henry Clay
in 1921 down to Morton in lS76,that
this Presidential count, when the re-
suit on the disputed vote Of q single
State, would be the rock on which
our government would drift, and
probably go down in the storm. l
have no doubt if you were here you
would see this as do. The bill sur
renders nothing, compromises moth
ing; only submits these grave con-
stutional questions to majority OF
the Subcommittee, their decision to
be revised in every instance by both
Houses, and to stand, unless both
Houses over ruled them. l would
have been glad to have seen the
proposition modified in some re-
spects. That could not be done. |
am clear as to the wisdom and pro-
priety of the measure under the cir
cumstances surrounding us here
And you will see before many moons
that | am right. could have shell
tered myself behind y negative vote
and then stood on the record oppos-
ed to a measure which was essential
to the Republican party and to the
country.
The Albany Ecenipg Journal
thus explaina how much Mr.. T,lden
has saved by the miscarriage of mon