The Portland daily press., 1877-01-13
Forty Fourth Congressional Session.
SENATE.

SENATE.
WASHINGTON. Jan IL.
Petition of the citizens of Newark for a nom
partisan connt of the electoral vote was re-
ferred.
Mr.. Gordon introduced bill to create
sinking fund for the liquidation of government
bonds, advanced Western Pacific Railroad 20
and Central Pacific Railroad of California, and
to the Union Pacific Railroad Co., under the
act of July 1st, 1862, aud the acts amendatory
thereof, and for the settlement Of claims of the
government in regard to said bonds and rail-
roads.
At one o'clock Mr.. Booth called up the reso-
luton submitted by himself, in regard to
counting the electoral votes, aud spoke at
length in favor thereof.
Mr.. Booth argued that the members of Con-
gresS would hold their own views upon the
questions involved in the electoral count, and
that there could be no harmony of acton by
the two Houses, as at present composed. The
people look to Congress for a solution of the
difficulties, and with TINS certainty of disagree
ment, the eyes of the people have iDstinctively
turned to that august tribunal established to
decide the highest questions of law which can
arise in this government. Through that tri-
bunal l believe settlement can be devised
which will commend itself to the sense and
jastice and proprety of all, and reconcile the
losing party, whichever that may be
In the resolution L have presented for the
consideration of the Senate, have endesvored
TO SO OTutT cue proceedings t0aG record snail
be made which will bring the legal questions
involved before the Justices of the Supreme
Court for their arbltrament There are three
theories in respect to the power and jurisdiction
in this matter: first, that the President of the
Senate has the absolute right, conferred by the
constitution, to determine the validity of votes
of each state: second, that the votes of no
state can be counted without the consent o.
both Houses OF Congress-; third, that the votes
of DO state can be rejec ed without the afirma-
nf hnsh to
another, viz: that the House of Representatives
has sole power to determine the Presidential
count which would be a most original discOv-
cry, if 1t were not the most unique invention
| in American politics. The second and third
| theories would still leave undetermined the
| votes of states which have sent double returns,
| and how many votes state is entitled to that
has selected ineligible electors. The resolution
| contemplates that all these questions shall
appear on record as fully as possible, and
deemed essential to the final determination of
| either to take cogDizance of all the facts of
| which Congress has official knowledge. 1t may
| be suggested that the Justices of the Supreme
| Court would not exercise the power conferred
| Sir. if in this exgency the Congress of the
| United States believes it to be necessary, they
can not refuse, Honor, patriotism and graft
| tude alike forbid.
Mr. Booth continued his argument at great
| length After Mr. Booth concluded his re-
of the bill to perfect the revision of the statutes
| of the United States.
The bull was passed, and after the executive
session the Senate adjourned till Monday.
HOUSE.
Petition of citizens of Lawrence, Mass for
a non-partisan count of the electoral vote was
| referred.
House went into committee of the whole on
| the private calendar.
Mr.. Knott reported from the Judiciary that
the House had right to compel the production
OF kilograms from telegraph companies.
| r. N. Barnes was brought before the bar of
the House and declared be is not now in charge
OF the New Orleans office, but that should he
again be placed in charge of that Office, and
should the telegram demanded be there he
would willingly produce them.
MI. Knott offered a resolution declaring that
the answer of the witness, G. W. Barnes, was
not sufficient, and that said Barnes was in con.
tempt of the authority of the House in refusing
to produce certain kilograms demanded of him.
and that he be remanded to the custody Of tina
Sergeant alarms till he shall purge himself Of
this contempt or until he shall be discharged
by order of the House.
| The resolution was adopted yeas 131, nays Y,
and Mr.. Barnes was remanded to the custody
of the Sergeant alarms.
| Mr.. Kuott of Ken lucky. from the committee
to ascertain the privileges of the House on the
counting of the electoral vote, made report
from that com mlttee, recon- mending the adop-
ton OF the following resolutions:
Resolved, That the Constitution of the Unit
ed States does not confer upon the President oil
the Senate the power to examine and ascertain
the votes to be counted as electoral votes fol
President and Vice PRESIDENT of the United
States.
Resolved, That the only power which the
Constitution confers on the President of the
Senate in regard to the electoral vote for Presi-
dent and Vice President is to receive the sealed
lists transmitted to HIM by the several electoral
clerks, to keep the same safe and to open all
certificates or those purpcrting to be SUCH ia
the presence of the Senate and House of Rep-
| resentatives.
Resolved, That the Constitution does confer
on the Senate and House of Representatives
the power to examine and ascertain the votes
to be counted as electoral votes.
Resolved, That in the execution of that DOW.
er IN respect to counting of the electoral votes
the House has at least equal power with the
Senate.
Resolved, That in the counting of the electo
raj votes no vote can be counted against the
Judgment and determination of the House oil
Representatives.
Resolved, That the committee have leave to
set again and report hereafter further matter
Tor the considera ton of the House,
The report together with the minority report
submitted by Mr.. Burchard of illinois, J was or.
dered printed, and Mr.. Knott gave notice he
would Call the resolutions for action Wednes.
day next
members be appointed On the committee to as.
certain the rights and privileges of the House
in counting the electoral vote which was grant
ed, and the Speaker subsequently appointed
Messrs. Field of New York, and Lawrence of
Ohio, such additional members
The Speaker laid before the House message
from the President, stating how the money ap.
propriated by the river and harbor bill has been
expended.
After speech by Mr.. Reagan of Texas, in
which he severely criticised the President in re
gard to the bill, the message was referred
| Consent was given to priut the testimony
taken by the committee on the election in South
Carolina, and the House at 4.4O adjourned till
Monday.