Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1877-12-12
Tcsntinusd from first paqe.l

lliiJ uiu.
Mr.. Hoar Mass also spoke Of the
questions Of law In the Eustis case
which needed examination. So far
his deliberation had led him to con-
cluAions in favor of Mr. Eustis, though
ho wanted to examine the case.
: . 10 ttsi>.ss.a Z ouing' un- t,ni LtE7aiS,.
llaks1ess ~ -; q. 80:
Butler, the yeas and nays were order
ed, and resulted, yeas, 80; nays, 30,
as follows:
ieas-Messrs. Bailey, Bayard, Beck, Cockreli ,
Coke, Davis H. Davis (w.va.). Dennis, Eaton,
Garland, Gordon. Harris, Hereford, Hill, Jones
lFh.r Herman, McCreery, Mcdonald. Mcphcr-
son, Merrimon, Morgan, Patterson, Randolph
Salisbury, Thurman, Voorhees,, Wallace, whyte
and Withers--30.
Nsys--Messrs. Allison, Anthony, Booth, Bruce /.
Burnside, Cameron (Pa J, Cameron (wis.). Chat
fee. christinncy, Conkiing, Couover, Dawes, Dor.
sey, Edmunds, Hoar, Howe, Jones (Nev.). Kirk
wook, Mcmillan, Mathews, Mitchell, Morrill,,
0glesby. Paddock, Rollins, saunders, Sargent
Spencer, Teller and wadleish--3o.
The pairs were announced as on the
former vote, with the exception of that
of Messrs. Sargent and Eaton, which
was broken by the return Of Mr.. Sar.
gent to the city, and both Senators
voted.
During tho roll call Mr. Davis (lll.)
inquired what would be the effect of
the adoption Of this amendment.
The Vice President. The question
will then recur on the resolution OF
tho committee to swear in Kellogg.
Mr.. Davis, | vote aye.
The Vice President having an
nounced the result of tho vote being
equally divided, the Chair votes in the
negative and declares the amendment
lost.
A POINT OF ORDER,
Mr.. Thurman. | rise TO point OF
order. | am compelled 10 challenge
the right of the Chair to vote on this
resolution.
Mr., Edmunds. TO such extremities
have We come at last.
Mr.. Thurman said if it were direct
vote upon the question of seating Mr.,
Butler, instead of vote on an amend
ment to another resolution, he was
quite sure that the Vice President
would not have the right to vote in
case OF tie. This was very inter.
esting question, and he submitted that
the provision of the Constitution that
the Vice President shall not vote ex-
cept in case of tic did not apply to
the seating of Senator. The other
provision of the Constitution that each
House shall be the Judge Of the cleo
tion and qualification of its own mem.
bers left this matter entirely in the
hands Of the Senate. The question
must be decided by the Senate itself,
and the Vice President could not vote
in case of a tie. Tho Vice President
was nota part Of the Senate, but simply
the presiding officer. Tie was not
elected as a Senator.
Mr.. Edmunds said il the whole of
this affair was not somewhat extra
oadinary, this latter move would cap
the climax; however, it was in keep
ing with the whole affair, so nothing
could be said on the point. The Con-
stitution provided, without limitation
or qualification, that the Vicc Presi-
dent should have the casting vote. If
the proposition of the Senator from
Ohio be true, the Vice President could
not vote on bill or anything
Mr. Hoar Mass. } referred to case
in 1850, where tho vote of the Vice
President was questioned and he was
allowed TO vote.
Mr.. Eaton Comm, said tho action
of. the Senate some twenty-five or
thirty years ago was taken without
thought and without time for exami-
nation. He had no doubt in his own
mind that the President OF the Senate
had no power to act in the organiza-
tion Of the Senate. he would go
farther and say, If any man should get
n seat in the Senate by tho action of
the Vice President, il he (Mr. Eaton)
lived in 1879, he would ask that the
chair filled by such person be declared
vacant. In his opinion, such action
on the part of the Vice President
wonld be q violation of the Constitu-
ton of the United States.
Mr.. Edmunds. The Constitution
notwithstanding.
Mr. Eaton to Mr.. Bdmunds. My
friend is witty and satirical, but be
will find out thisis not oncsided thing
although before he gets through with
it.
Mr.. Allison. Suppose the Vice
President had voted with your
Mr. Eaton. That is suppostion
my friend has no right TO make. We
have learned during the last three days
that the supposition is not tonable.
[Laughter.1
Mr.. Thurman said he made the point
Of order for two reasons. In the first
place, he wanted to call the attention
OF the Senate to the question, which
might arise at any time, and, in the
next place, he did not concur in the
views OF some OF his friends to the
effect that the Vice President might
have abstained from voting. II that
officer had the right 10 vote IL was his
duty to vote. However, he (Mr. Thur.
mani had achieved oil he desired in
calling the attention Of tho Senate To
the matter, but, as some Senators
thought sufficient unto the day is the
evil thereof" he was quite contcnted
to withdraw his challenge.
Vice President Wheeler said he had
carefully considered the question MS
to his right to vote in the cases where
the vote Of the Senate was equally d.
vided md he Ind M donht NJ h;a right