The New York herald., 1877-02-13
PROCEEDINGS OF THE HOUSE.
WASHINGTON, Feb II, 1877.

morrow
| PROCEEDINGS OF THE HOUSE.
wAsmIsGroS, Feb. H. 1877.
| The House mot at ton O'Clock A. N.
Mr. NcCRARY, trep) Of Iowa. for the purpose Of
opening the discussion upon the objection TO tho de-
| cison OF the electoral vote OF Florida.
Mr. CLYxRR, (dom) OF Pa, raised the point Of order
| that thcro was no quorum present. and unanimous
| consent given that tho debate the question
should not commence until nalEpast ten O'Clock ahd
that should be transacted until that time.
| The House resumed It's session at halfpast ten
O'clock when Mr. FIELD of New York, Tor the pur-
pose OF bringing tho matter before tho House In duo
| form. offered the following order:--
Ordered Tha the counting of the electoral votcs from
asS Of s S that w hs
votes Of Messr Cali. loavs Hilton and bullock DO
DENT and vcs President Of the Gn,tsd stssSs
Mr. HALE, (rcn) Of Me-, moved an amendment as
| folows:-
That the counting the electoral votes from the
cision Of the Electoral Commission
SUBSTITUTE ov MR. KNOTT.
MI. KNOTT, (dem.) OF KY, offered substitute
order recng the language Of tho Electoral act that
the commission might take into Wow petitions,
dispositions and other papers shall, by the constu-
tion and existing law, be competent; rectng also
the fact In the Florida tho commission had de-
cided and determined that no evidence would be
coived or considered which had been submitted to
houses In JOINT convention by the President OF
tho Senate; that certificate No. THAT OF tho Hayes
clectors) contained no evidence vhatever whilo Ger
tincatcs Nos and tthOse OF the Tilden clectors)
did contain evidence iuy and specifically showing
fact that the latter had been duly elected APP
pointed electors, and therefore ordering that the
decision Of the commission and the grounds thereof
DO remanded and recommittod to the commission with
tho request that the same be 80 corrected explained
and that the commission bo further requested fur
nsh In detail the true OF It's decison that
the House may be enlighene us TO the ought
to pursue the discharge It's dutcs and that in the
meantime tho votes Of tho Hayes electors be not
| counted.
| unoer the Electoral Commission law 'it the
perasive duty OF the House, the end OF hours
debate, TO vote on tho main question, which
| whether the votes should be counted IN conformity
with the decison and that nothing in the shape Of
delay, whatever form presented. could arrest
| the wheels OF its decision
Mr. WILSON, trep.l Of Iowa, added to Mr. Tae's point
OF order that this House could refer nothing TO the
commission that would require ut least concurrent
action.
timaton OF desire on the part u tho democratic side
ol The House - 20 -, S,s iaG,,ous opposition to
| gratuitous and unwarranted by anything that had
| Mr. HALE, OF Maine-nas anything been said this
| morning ~ indicate any charge o that kindY
Mr.. W0OD-Ihe gentleman mas just spoken of delay
and has numated that there is Intentional DISPOSE
tion tho part of tho House to delay action.
the gentleman that there Is such intention.
While We ready IN good faith to carry out IN all
that may be reached IN pursuance ol IT, still, ~ tho
sametilnc, demand the right Of FREQ expression Of
Mr. KNOTT OF kentucky contested the point OF order
and thought there nothing III the law which pre-.
vented the House. with the OF tho Senate
from remanding back to the Electoral Commission Tor
their further consideration the decision which II had
made In the Florioa case in order tina. might have
opportunity 10 explain the glaring Inconsistencies
which existed in that decision.
Mr. BANKS rep) Of Mass, said that under the pro-
visions Of The Electoral the House compelled To
give affirmative or negative vote upon the decision
Of the II would not DO respectful the
commission remand the decision ioit
The SPEAKER overruled the point oil order made by
Mr., Hale, but sustained that made by Mr.. Wilson,
holding that there was nothing in tho Electoral Com
MISSION law that authorized rccommitta of tho ques.
tion back 10 the commission, and also ruling that it
was not for one house to refer bill or any
other matter TO an outside commission. Tho substi-
tute offered by Mr. Knott was therefore, not In oidcr
The House thercupon. at quarter past eleven pro-
ceeded Of the objection 10 the decision
OF the Electoral Commission.
SPEECH OF MR.. M'cRARY
Mr.. MCCRARY, OF Iowa, addressed tho House in sup
port of tho commission Ho said that the decision of
the commission embraced several important propo-
sitions upon the Of which The houses
we're decide; that these propositions were emi-
nently sound and July supported both by reason
and authority seemed to him entirely clear. lilo
SAID tho hrst point decided that the two
Congress, in the exercise OF their powers count
the vote ior President and Vice President could go
tho inquiry to the number 0i ut the
polls TOR electors IN the several States. In other
words, was held that the decision Of that question
LETT TO the proper authority IN tho States and that
when that authority had caDvassed the votes declared
and adudged tho result and certified the election OF the
electors due form, that the appoin cleo
tors required by the constitution. Ho claimed that
tins accordance with the precedent established
by the bill OF 1SOO which passed both houses OF Con-
gress aud was only lost by failure 10 agree upon th.
form of single provision That bil he said created
grand committee, to whom were 10 be referred ques
arising upon the count OF the electoral OF
tho 3aies But was carefully provided both by the
Senate and the House biIi, that inquiry should
be madc to the number votes
for the electors tho pos that being regarded by all
tho statesmen OF that day matter within the
elusive control Of the States. He sad the House bill
OF 1S0O drafted. reported and advocated by John Mar
SHALL aftcrward Chief Justice OF the United States
embodied the of that great lawyer
upon this question. After provdlng Tor this grand
committee II defined their jurisdiction In these
words--
And the persons thus chosen shall joint committee
and shall have to examine into all disputes
the elecon Of President and Vice President Of The
United States other than such might relate
Der of votes ny which the electors may have sp
He held that tho ruling of the commission was also
abundaDtly supported by most cogent reasons, and
that to have ruled otherwise would have
Jurisdiction 10 inquire into and overturn the action
OF all the States IN the appointment OF their electors
and to institute proceedings tho
OF quo warranto TO try tho title OF every of tho
persons appointed as such. He argued power
Of the two houses and therefore ol the commission.
'.And the votes shall then be counted" and
that the commission had decided upon the soundest
reasons that these words confer judicial power
whatever and that they describe and very aplIy
prescribe ministerial duty only. Tho words oil the
constitution, be maintained, would be the last words
that would have been chosen by which confer that
immense power. that vast Jurisdiction, which has
lately, ior the hrst tmc been claimed for tue two
houses and that the impossbiiity Of exercising this
power was strong argument against IT'S existence.
How could the Two houses OF Congress- he asked, en-
tcrtan and try suit to detcrm the lito electors
TO their Offices? He claimed that II II could be done
IN one could be done In all, and that there
might be brought 500 contests elections lor
tors with witnesses numbered by hundreds In EACH
all TO bo determines within the brei interval between
the meeting of Congress in December counting
OF the votes In February. He said II plain that
establish THIS doctrine was to give the clc, o
President aud Vice President hereafter the hands
CONGRESS and take out O the hands of the States
where the constitution placed It. Tho commission
had. therefore, very properly he thought, decided
mat the record OF the nal dccisIon and
declaration oil the result made by tho proper state
thority final ana conclusive, and that
when this presented, duly authenticated
and accompanied by the return required by law and