New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-13
TIE PROCEEDINGS OFF CONGRESS-
DEBATE IN THE HOUSE.

for half an hour At IOl2 o'clock Mr. Field dem, N VI
for the purpose bringing the matter before the House
in due FORM offered the following order:
Oylcred That counting of the electoral votes ron
tbe state OF Florida shall not proceed III conformity Win
the decision Of the Electoral Comlnssi0n Dut mat te
votes Messrs Call Ycnge Hilton ana b 1nr pTe sc
dent and vice-Presdent OF the United states.
Mr. Hale Rep Me- moved all amendment, as fol-
lows:
Ordered That the counting OF the electoral votes from
the stale Of Florida shall III conformity WIN the
decision of the Electoral Commission
Mr. Knott Dem Ky) offered a substitute an order
that the decision the Commission and the grounds
thereof be remandcd and recommited TO the Commission
with the request that the be 70 corrected or e.
aipcJ and that the Commission he further requested
70 furnish in detail the Of its decision so that
the House may enlightened as to the cOurset ought 10
pursue in the discharge Of its duties ana that Ill 'e
mean time the Of the Hayes electors DO not counter
Mr. Hale usep Me- made the point of order that I'M
der the Electoral Commission law il was the imperative
duty the House. at the end Of the two hours DEBATE
,o vote on the main question which was whether the
votes should be counted IN conformity with the decso
and that nothing in the shape OF delay III Whatever form
preaened could now arrest the wheels OF It's decision
Mr. Wilson (Rep., Iowa. added to Mr.. Hale's point OF
oder that this House could refer nothing to the Commits
sion that would require at least concurrent action
Mr. Wood Dem, y. " declared that any intimation
Of desire on the part OF the Democratic side OF the
House to nerpOse any factious opposition TO any de-
cison of the Electoral Commission was entirely gratu-
lions and unwaranted by anything that had taken place
The Speaker oycrrued the point OF order made by Mr.
IAle but sustained that made by Mr.. Wilson, holding
that there was nothing the Electoral Commission law
that authorized a recommital of the question back TO
the Commission. and also ruling mat IL was not cohpe
tent for one to refer bill or any other matter to
an outsd commission. The substitute offered by Mr..
Knott was therefore Lot in order.
The House tlercupon at 1l:15 proceeded to the dis
tn ne
Commission.
SPEECH OF MIR. M'CRARY.
Mr.. MCCrary Rep, Iowa. addressed the House IN
support OF the decision Of the Commission He said that
the decision of the Commission embraced several i'm
porant propositions upon the correctness OF which The
two houses decide that these propositions were
eminently sound and fully supported both by reason
and authority, seemed to him entirely clear. He said
the first point decided that the TWO Houses OF Con
for President and VIcePresdcn, could go into
inquiry to the number oi votes cast at the polls iorhe
electors in the several states In other words, was
held that the decision OF thai ques1On was LETT To the
proper authority in the States, aud that when that au;
thory had canvassed the votes declared and adudgcd
the result and certified the election of the electors IN
FORM that the appointment OF electors required by
lie held that the ruling Of the Commission was also
abpndany supported oy most fIxent s ~ ana I'M.
jurisdiction inquire INTO and ovcrturn the action OF all
the the appointment of their electors ana 10
institute proceedings III the nature OF az acton OF gro
roTTdnto 10 try the title OF every one OF the persons APP
houses and therefore OF the Commission was conferred
by these words Of the Constitution; AND the
votes shall then he counted" and that the
Commission had decided upon the soundeSt reason
that these words confer no Judicial power wha
describe, ministerial duty ouly The wordsct the Cos
tuition. he maintained. would be The as words that
power, that vast jnIisdicuon which has lately Tor the
impos,iby of exercising t;s power was strong irgu
mcnt against It's existence. How could the Two houses
of Congress he asked entertain and try suit to deter
III
that II il could be done III one case II coud he done IN AL
and might DE brought 800 Genesis over elcc
tiOns with witnesses numbered by hundreds
IN EACH all to he determined within the brief interval
between the meeting Of Congress III December and the
counting OF the February. lie said 1t was plan
that establish this doctrine to give the election OF
President and Wee President hereafter INTO the han %
Congress. aud take IL out oi the hands OF tue states
whore the Constitution placed it.
Inc Commission bad, therefore, very properly he
thought decided that the record OF the final canvass ana
decision and declaration OF me result made ny ne piop
state authority was hnal ana cohclslVc ana tlat Hhen
this record presented duly authenticated ANA ac
conpaned by the return required ~ law ana the Con
sttuii0n there only one thing that coud be done
aud that TO obey the mandate OF the Const ut0h
which declares that the votes shall be counted The
Commission. he said, decided one other point on liil
pOr:ancr, which was that the appointment 0f electors
law prior the time wien the electors to III, ct and
vote for President aud vce-PIeoiiont final. aud
The vo had been cast and the return thereof had been
duly made 10 the President of tie Senate
MIR. fuckers REPLY.
Mr. Tucker (Denl., VaJ followed the opposite side
OF tho question He said he did propose to criticize
much less to the action Of any member Of the
but he did propose to criticize ITS Judgment
members Of that Commission had taken oath ore-
der Judgment according TO the Constitution and law. The
Commission passing upon the eligibility OF Iiunphries
had declined pass upon the question OF the validity
of the OF an incompetent elcctor Did The Com
mission mean decide that the ineigiOity OF the
the TO have effect upon the validity OF his
vote II State appointed an ineligible elecior Was he,
notwithstanding, t. be declaied by the Commission ana
by the two houses To be competent eecor aud his vote
to counted valid vote II 60, tnen the act OF the
CaDyassDg Board Of a State was valid, and the Con
sttution guoaa hoe Was void In regard to the main
question: the decision OF the Commission 10 the
eject that the only permitted to speak for state
in tho matter Presidential election was the voice OF
Canyassing Board aid OF Executive, aud that the
voice OF the Judiciary aud tho Legislature must he
slIcuca LrfOIa the oMQlpOtent voice OF