The New York herald., 1877-01-23

and believe in submitting It TO that am clear the
country does not want war There are hot
heads and reckless both sides who think they
have something to gain by tumult disorder, but
am tor peaceablc and orderly settlement
SPEECH OF SENATOR MORTON.
Mr. MORTON addressed the Senate as ioIlows:--
Mr.. PREsIDENr-As the member of the committee
who did agree to this bl have thought 1t proper
that should MAKO brief statement of the grounds
on which did not concur with my colleagues; but |
am not well this morning. and am unable speak as
should desire STILL the bill is about to come to
a apparently, will very briefly state the reasons
Why could not give my assent to its being reported
This bill is presented for the consideration OF Con-
gress under very peculiar circumstances The Con.
gress Of the United States Is scarcely LETT free for its
consideration We are aware that there is great un
easness in the public mind throughout the country
Apprehensions entertained of vioen ce-of reyolu
tionary action the part of the House Representa-
tives-of some being taken that may result in
disturbing the peace of tho country A member OF
Congress has said in speech in this city that 100 900
would be here the 14th OF February TO witness
the counting Of the votes That may be regarded as
an extravagant utterance, but is OF very many
of the kind that come up to from different parts Of
the country, SO that the business interests of the
country have become alarmed, and there is q dis.
position to take almost any measure that may be
proposed that Will give assurance OF peace without
very much regard TO the character Of the measure
SHADOW INTIMIDATION
do not think ut all am out Of the way when say
that this bill is literal product Of "the Mississippi
plan - that tho shadow intimidation has entered
this chamber, and that in proposing this bill and in
the consideration OF members OF the Senate ana Of
the House are acting under the apprehension OF vo-
lence-of some great revolutionary act that will
threaten the safety and continuance of instltu-
tions. do not myself believe in the reality of this
danger believe that this sort Of talk is intended
Tor purpose, and very much fear that It will ac-
compllsh that purpose. The real danger that We are
In results from not daring to stand up 10 do whole
sn So1e s'a BY
OF the ezrths when there were skuless ycrle.
brates, and II would seem now that We have come to
that period when there vertebrateess skulls The
thing 10 do is TO do what Is right and II
lessy. For one am not afraid that II this vote shall
be counted as 1t was for the first seventytwo years
the history OF our government there Will be any
revolution. / believe that any who attempts it
will be utterly destroyed regard this bil Mr. Presi-
side OF the compromise Of 1920 and the compromise OF
1850 BY the compromise of 1920 all the territory
south Of latitude SO deg. 30 min. given over TO
slavery and when the time settle the territory
north Of that line the compromise destroyed.
BY the compromise o 1850 the institution OF
slavery got the Immediate benefit OF the Fugitive
Slave law, which gave II such prestige power
idence as made 1t aspire 70 the complete conquest Of
the country
1 believe that Rutherford B. Hayes has been elected
President OF the United States. He has been elected
under the forms of law and according 10 law. ana
Is elected in the hearts OF the people believe that
II be should DO counted in. as eighteen Presidents
were successivey counted In from tue beginning OF
the government he would be inauguratcd, and there
would be no violence and no revolution.
THK SPEAKERS RECORD
There have been upon this quoetlon great many
loose opinions given IRON time time the first i'm.
preston without examination, and perhaps ost SEN
ators have INDUCED In them, so that very few
tirely claim TO be consistent have INDUCED them
myself, but within the last few weeks TINS question
has been presen,cd q case In hand not simply as a
matter OF speculation, something to come the fu
ture,. and there has been flood OF light
Many things have been said, and we have the
counsel OF the best legal minds all the country.
brought forward bill some two years ago which
atierward reported by the Committee on Privileges
and Elections for the purpose Of having law for the
counting OF the electoral vote. did not claim that
that bill was perfect IL was not In view OF any
tingency or case however, was in one respect sale
bill! that is leaving out of view who should count the
vote, whether the President OF the the
houses. IL contained no word by which the two
houses could be authorized to go behind The
made by the returning Officers of the State appointed
by the State for that purpose and the bill o 1900, If
remomber correctly, expressly provided tina. the two
count the votes tor electors am advocate for
State sovereignty. never have been, but have been
consistent advocate OF State rights, as am now.
THE POWER ELECTORS
The constitution OF the Uuitcd States coners upon
as the Legislatures OF The States may prescribe This
Is the absolute right Of each State The determination
to who have been appointed lcft entirely to the State
should Congress assume to determine who have been
appointed so far as 10 behind the action Of tho off,
GERS OF the State appointed by the laws OF the State Tor
that purpose Congress would absorb 10 Itself the entire
power; would become grand returning board without
limit and without restraint The very moment VIC
dertaKe behind the determination OF the officers
OF the State as TO the result OF State election,
count and determ tho result ourselves, that mo-
mcnt we establish revolution which ultimately will
be tho end of Presidential clections am not now
referring 10 the certificate OF the Governor which is
prescrbed-not by state laws, but prescribed
that determination OF the result Of elections
as as prescribed by tho laws Of the States
The States nave the right to appoint electors Tho
Legislature has the right TO prescribe the method and
the evidence as to the appointment, to who has been
appointed, s lett to the states as absolutely and
peteIy as the appointment ITSELF
listened TO the very able speech ofthc Senator from
Vermont, Mr.. Edmunds, on Saturday last, with great
interest II Understood him correctly he assumed that
there was OF the constitution that
itself except one, and that regard recovery
fueltves from laborfugtive slavestbat the rest OF
the provisions OF the constitution are not sef-exccu-
ing but require legislation 10 carry them opera
ton. He made a distinction, believe, which is
rect that there are two classes Of powers conferred by
the constitution. Where power Is conferred directly
upon any department Of the government by the con.
sttution that power cannot be taken from that dcpar
mcnt that power cannot be dcleguted but where the
constitution simply imposes duty, but does vest
any particular department with the perform
law determine who Shall dscnsrce that duty
II Understood the Senator Alright he took the ground
that the counting OF tho votes was duty imposed by
the constitution, but that the constitution had not
located t-had not said who should do It,
AUTHORITY COUNT.
He denied that the duty imposed upon the Pres
drnt Of the senate He said the President OF the SEN
ate was directed 10 open tho certificates, bot he
not directed TO count them lie was directed 10 open
power and duty to count was not located IN the two
houses. The constitution did not say that any moro
than II said tho President OF the Senate should
count them IL SAID the votes should then
DO counted Assuming, for the sake Of the argument
his position to be that there is nothing tho consti
tuition, IN any part OF ", lat indicates that the Prcs
dent oil tho shall tho votes as we'll as open
misunderstanding II 70 bs true that The constitution