National Republican., 1877-10-23
house OF REPREs EyT.rJrEs.

HOUSE OF REPRES SENTfTITEs.
The Journal of Wednesday, the last bust
ness session Of the House, was read and approved,
when
Mr.. HALE, Of Ne, said he rose to call up que
ton OF the highest prvcge-thc claim Of mcm-
bcr to his scat on the floor, which was pending at
the time Of adjournment
The SPEAKER decided that the question OF the
admission Of Mr.. Bcford as Representative from
the state Of Colorado was In order.
Mr.. HARRIS, Va, who was entitled to the floor,
addressed the House, arguing that the election In
October, at which Mr. Belflrd claimed tn have
been elected, was not the proper nnd legal date for
thc election OF Representative for the lOfty-hith
Congress. In reply To the argument of MIR. HALE
that the Governors certificate was primd fdcic
evidence of e right To n seat he said Il was such
only when the Governor was duly authorized and
the certificate was in conformity To law. The
mere Presentation @ Of paper GnrpGr,inE to os
the new constitution of Colorado the certificate Of
Mr. BClfOrd was not n valid one.
| Mr.. HARRIS maintained that the House In It's
Judicial capacity was bound to take notice of the
question whether the election was held on the day
prescribed by law.
Mr.. Bt'TLER, Of Mass said similar cases had
been before Congress since the beginning Of the
Government IL had came up on the cases Of Ten.
neSSce aud South Carolina. and in the mucl lc-
batcd case Of Michigan and Arkansas. In which
the Representatives were admitted when the COr-
stituton was approved, although there had been
no enabling act Minnesota aud Kansas were ad
mittcd aud the Representative chosen when
the constitution wnS adopted was sworn in
great opposition TO the admission Of the latter State
but the member elected was sworn in with
out oprnSition. lie maintained that Congress hid
decided by enactment that the Territories could
elect their State officers and Representative on the
same day the constitution was voted on. The law
| fixing the day In November for holding the cleo
tinn IN the 81 ,c' he maintained ovcrriddcn by
u Subsequent act So far us COl0radI was aite ttcd,
that law-Cnlorado having no state g0vcrnment-
authorizes the new state to hold her election Oh
another day. This 'atcr law repealed or set aside
the general law 50 far as Il affected Colorado.
| Mr.. HARRIS said the Constitution was higher
than the lawsGf Colorado or the ltOusc Of Reprcscn
tativcs and it said that the election should be held
Mr.. BUriEl: said that did not come In here.
When they authorized Colorado to do certain
thing, they did presumably on the ground that
| she Wnutrt IT, du II CuistitItOnally.
Nj. SOrTiIARD. nsLcl II IN the case, ,f
Michigan and .\rkansaN and the other STATS
mcmhcLs were chosen for M re than one ConCicSs.
! Mr.. RC TIfR 'aid nO; aud he did not blame the
| Clerk for leaving the lame from tho rolls. He
could find no law OF C"lprGdN to warrant him in
doing 80 Colorado had no law. for she was not u
state, But tNlvrndns Governor had given, In
form recognized all over the country. full and
compete certificate. tn which fall faith and credit
should q given by the House, has always been
gwen such certificates.
Mr.. SPRINGER argued that the refusal of the
governor to sanction the proclamation for am clec.
| ton on the 9Th OF November did not v!tatc the
election. and lie cited prcUricnt' where, the people
being entitled to hold IN c!, con, and the call Tor
had been declared valid. lie contendcd that It was
the ccctiJm aud not the governors certificate that
/ entitled "A member ttl nlt - AZ.
| Mr. CONGER said he GdmrCd the ingenuity
with which the other side changed front, and
/ especially the gentleman who had just spoken.
| lie remembered how last year they laborcd so
hard tn show that Colorado was not a state, aud
that She WAS not entitled To- lie represented here;
that the very Erts which they arc now LoId.
| lug UP were all void aud illegal. The ma
chluc!y with which they grind out logic
one proposition one day aud exactly the op-
pJsilc uuu the EcNt-waS one Of the most difficult
Problems to hih in his observation Of human
nature.
Gus passage occurred between him aEd the
speaker MIR. tuStER rrmnrkng that lie felt
gruticd to sec tic Democrats aud his friend, Mr.
SrRIS.ELE, WiiI had denounced as utterly bad ali
the nc;S "f the kvpub.irGn party, now accepting In
Child-ikC cUlhdeucc the uttcrinccs Oi the Rcpub.
lican Attorney General and his marshal in Col.
Grade.
Mr. SPRINGER rosc to correct h.n. and said he
had not - IStaI On the question OF the admission
| Oi Colorado IN the last Congress
| Mr.. tJNGER admitted his mistake, but appealed
To mrIuhcrs uu either side II hc was not Justified
by the gentleman previous course IN prvsumtlg
that he spoke ~ the other SIDE Of the Colorado
question:. Laughter The gentleman might not
have spoken, but his vote was given again and
again against the admission Of Colorado.
Mr. CONGE continued his argument, maintain
ing the validity Of The October election IN Colorado.
He sa!d that " the October election the whole
twCniy'siN CUunt!cs voted, casting over g6OJ Vuies
for the shnrt iern and little large for the long
tcrm. while At the November election but eleven
counties voted at ALL and but 2S;T votes were east.
Mr. SOCTiiARD said he did not snppo,c the gen.
tcman desired IN make AZ erroneous statement but
the facts as lie understood them were that all but
three cuhhtles had voted
Mr.. CONGEG asked tie authority for the state.
, mont
| Office at the clerk of ni the House.
Mr.. CONGLH said he was reading from the Official
cerlrnt" "i the Sccrelniy OF State, which he pre-
tCTrCd 10 accept In preference 10 All irresponsible
opinion Ul SuuiC else.
, MIR. suuTIlAR said the judges In the eleven
counties sent ~ their return' while the Repuhli.
can judges refused 10 scnd up amy, although the
fact was that elections were held IN nearly every
, county.
MIR. CoNGER said: Without admitting It 10 be 50
suppose that Ia bu the case, did not the gentleman
! know that the Republicans gave Bcliord II large
, ajurity OF the state?
Mr.. SOUTilARD said he did not know H. Tn,
country had hHd enough Of late years of tines,
meiilal votes aud imaginary elections
Mr.. CONGER Ictoltcd that that was hiSUpinion
and he was glad Ia hear the gentleman say that /
was best Ia stand by the Law and the record.
Resuniny his argument, he said that ut this No
vembeT election there were but seventy nine vote
cast III all Tor Beliurd, ana " some ui the cOuntic
but two Or three votes, iic manlained that thu
Upon lhis as vah and legal election. ''''
Mr.. CHALMERS said that II was matte
. OF little import who was TO be benefited by tn,
action Of the House upon this question, but II
" OF vital consequence that the question should b,
settled legally aud righthlly. lie denied that the
HE Ul precedent made the certificate of the toy
ernur Er"nd JHric evidence Of election. On the con
lrury hc asserted that the prcccdcnts all favored
e challenge Of the certificate where there was
+ shadow upun the regularity OF the certificate
lie was surprised the other day to hear q
e Democratic member say that when Ger
;. tIratc of election was Issued by the Governor
I the puNCr Oi the executive of State was eN
i haustcd. The uttcranCc called to his mind tn,
, time when the country waited IN suspense the de
Cisun of this paint In the late Presidential election
e lie did not hold Ia the idea that when Ger
thcatc is issued neither the Governor III,
. courts ul the state could do anything To pTuvCn
. the guilty party from using 1t. lie maintaine,
that when CrrI.iCate had been obtained by fraut
the Governor had the right to issue II new certiii
c cate or do ANYTHING else To prevent the guilt,
J patty lrum enjoying the benefit of the fraud
uCnt net, the same Us amy citizen has III,
+ right to cry stop thief This HOus,
he nNcrrcd has ts much right 10 arrest the part!
u aud prevent him from Fronting by the fraud NJ
citizen ha, 10 arrest u thief without Il warrant !
II had been the intention Of Congress 10 permit
" election Tor both terms the day the constitution
was voted Tor aud II had been 81 expressed In til,
a enabling nCt, It's would have been null and void
because II was unconstitutional
lie held that the claim Of Mr.. Brliord was illcga
II aud void, and that the claim of Mr.. Patterson VA
> II proper unu Ior the consideration OF the Commit
e tee UI Elections
II Mr.. HARRISON was recognized, but gave way Il
Mr. WOuD ui y. y, wh0 moved that when III,
;, House adjourn to-day 1t be to meet oil Wednesday
II Agreed To.
l. Mr.. SCIILEICIIER, offered resolution
that II select committee Of eleven members bu ap
!" pointed whONu duty II shal he to consider the sub
JecL of the CNl service oi the United States an,