The New York herald., 1877-01-22
SENATOR MORT0N'S RECORD
Tho Country's Prosperity Dependent on an
Early Agreement
ATTITUDE OF HAYES HOME ORGAN.
Dangers To Be Avoided by the Passage
Of the Bill.
FROM OUR SPECIAL CORRESPONDENT.

WAsMSoroS, Jan. q, 1871
EH1 NxCToRAL BILL-oPPosITIoN OF PRoM1-
MEET REPUBLICAN NEUTRALITY-SUSPICIOUS.
OF GOVERNOR HAYES HOME oRaAN-Ex-
rRxMIsTs OPPOSED TO ANY SETTLEMENT
THAT MAY DBTEAT THEIR CANDIDATE.
Extraordinary efforts making by Senators
Norton and Sherman and General Garfield to
secure votes enough in the Senate 10 defeat tho Eec
tora bill Senator Blaine. who arrived yesterday, has
been under heavy pressure since 10 induce him
TO cast his influence against It, All tho petty and large
jealouses among republican Senators stirred up
and utilized TO foment division and disagreement
A good deal of unfavorabe comment has been caused
by the bitter opposition OF the Columbus State Journal
Governor Hayes organ, TO the bill It is said by prom
rent republicans TO be grave blunder of the Gov
ernor to allow himself thus to appear as taxing
sides about the matter.
There is no longer any doubt that the opponents of
the bill will make strong effort the Senate defeat
it. Msssrs. Morton and Sherman are said to count on
the votes OF nearly all the Southern repub-
lcan Senators to help them. How far they
have succeeded in committing them is yet known,
but the voice Of the country begins to be heard very
plainly and urgently down here by Senators and Rep
resentatives OF both parties and the almost universal
demand for the adoption OF the bill as iair and
honest settlement has powerful effect upon them
The extreme Of both sides grumble and threaten
opposition, but the moderate say that anything
s better than new war; that this bill proposes fair
way OF deciding the dispute, and that whoever
opposes IL plainly does not believe his side to
have strong enough TO bear scrutiny. 1t is ad
mitted BY who say they do not like somo Of the
minor features of the bill that the alternative
war; that the danger 70 tho country and very
bat in eko Of 1, de a. tlo
duty Of men who lovc thoir country to come to an
agreement and adopt tho bill without change
Or amendment quickly possible. 1t is
evident that the absolute fairness of tho
proposed committee Is what makes 1t most dis
tasteful TO its opponents They cannot feel that
shcir canoidate, be it Hayes or Tildcn, Is going 10
win and these extreme men aro unwilling to give up
.heir hopes OF Office aud patronage under any crcum-
uances leave tiem TO tho hazards OF tribunal
10 fairly constituted that they find II impossible
forecast its decision. That the main difficulty and
source Of opposition now
SENATOR MoRToN's RECORD ON COUNTING THE
ELECTORAL voTE-HIs SPEECHES IN oPPo-
sITIoN TO THE AUTHORITY OF THE PREs1-
DENT OF THE sENATE-HIs PROPOSITION TO
LEAVE DISPUTED POINTS TO MEMBERS OF
THE SUPREME COURT.
So long ago as January 1873, senator Morton began
10 tho Senate and tho American people OF the cx-
tremo danger which would threaten the country II
Congress did not adopt some way of counting the
electoral the exclusion OF the President OF the
Senate On tho 6.h Of January no introduced reso.
luton nstrucEg tho Committee OF Privileges and Elec
tions to 'examne and report at tho next session OF
Congress upon tho best and most practicable mode OF
electing tho President aud Vice President and pro-
vidng tribunal to adjust and decide all contested
questions connected herewith On tho 18th Of the
same month he madc set speech on the subject in
which he gave much space TO showing the dangers to
the country II the Vice President should be allowed TO
count the vote Many Of his words have curious
application at this moment and to tho present stu
alton. He said, Tor instancc:-
Upon tho hypothesis that tho President Of the SEN
ate has the power to open and count the electoral
votes, and that the two houses are TO be present
merely as witnesses and jurisdiction over the
perceive that It IS and dangerous power to
pose Ia the hands OF one man-espccally whom hc
may DO ardenty devoted TO tho fortunes of q great
party
In the same speech no said:-
Is not tho history of parties that they will volun-
tarily surrender an advantage, though tainted with
odum ana Injustice
February 25, 1885, he said still urging tho adoption
oil some "tribunal" for deciding disputed votcs:--
ir we have no rule, whenever a vote is opened by
the President OF the Senate in the convention OF tho
Two houses II must bv counted, whatever may DO the
irreculartv or the unlawiuncss OF IT, There Is no
wuy 10 prevent IT, That is the condition II you have
no rule Without rule every vote must be counted
no matter how false, how Fraudulent how unlawful
Il may ba
This alternative Mr.. Morton held up as a terror 10
the Senate and country pursuade them 10 pass
h,s bill
In March, 1916 he still anxious that the vice
President should not the voto that be was not
unwilling 10 submit the accession OF disputed election
10 the supreme Court On the 10th OF March be 10
fact forcshadowed precisely such selection of su-
prcme Court judges the present Electoral bill pro.
poses He sa,d:-
I think this question cannot come before the Su-
preme Cour. judcialy lycertainly not under tho pres
ent law that we have; but viii read tho plan OF
The amendment that would suggest in case the SEN
determines that We have the power 10 establish an
That the judges Of tho Supreme Court OF tho
United states shall be assembled IN tho chamber OF the
Supreme Court at the same time that The two houses
OF Congress arc counting the electoral votes for Pres
dent aud Vco President; and IN case the TWO houses
shall fail to agree as To which Is the true ana valid re-
turn as provided for in this secton the returns shall
be imm cdiaely submitted TO the said JUDGES, who shall
summary decide which is the true ana valid return,
which return shall he counted"
sccms TO me that II have got to refer this qucs
ton 10 anybody II would be more satisfactory 70 refer
i to the Supreme Court OF the United states, and II
vou cannot do it in tho character OF the supreme
then let your spccnl tribunal be composed Of Judges
u that court, aud lot them decide IT, and decide II
orthwth.
On the 21st OF March he said again
IL we have power 10 give any outside tribunal jurs-
.icion have power 10 give 10 tho supreme Court,
and that would DC tho most satisfactory tribunal 10
which VIC could refer great question. The people
OF inis country would submit with more satisfaction W
tho decision Of that body than they would to the de-
cIslon OF any man, care not how wise or how
arcat he might be, 10 any SPECIAL tribunal that We
might create. In answer 10 the question put by my
friend from North Carolina, say we cannot confer the
jursdction upon the supreme Court as supreme
court. Sti II W. have the power w. create special
tr,buna we can confer IL upon the judges ot the SUI
p,ene Court because they are the Judges Of that
court
As TO the power OF the two houses In case OF con-
tested vote, no referred on March "a 10 the case Of
u,cn,ean, IN 1887, saying:-
s,mply reicr TO II briefly for tho purpose OF show
,u ha, Cougrcss assumed substantially the power
these con long ago. and tnat SENS 10 have