The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-26

lawful electoral votes. He denied that Congress had
Vice Prsss,dsps 70 any other body he Seisvsd that
the bill conhcted with most Of the pfncpai lneo,c:
members were asked to vote for measure which
ncted sharply with cherished constitutional theories
Whoever was 70 be charged with disrcgarong consl'
tutionnl convictions. that charge should certainly not
be made against those who out OF regard Tor sucn con-
victions, reirained from favoring the measure. He
should prefer TO have the electoral votes counted IN
the old way and trust u the good sense the modera-
tlon the PATRIOTISM Of Congress and OF the country
for peaceful and satisfactory result
AT the close OF Mr. uouroes speech, at ten minutes
past FIVE NJ, the House took recess I'LL half-past
EVENING 81 ssIoN.
The House met again at halEpast seven p. NJ. with
Mr. HOOKER Of Mississippi In the char as Speaker pro
tenn. Tho intense puo,c interest in the debate. as
manifested by the crowded condition OF the galleries
throughout the day showed symptom OF abatement,
the crowds the galleries being even denser than In
sions for deoate only the attendance Of members was
very small than dozen being In their seats
when the House called TO order.
The first speech OF the evening was made by MI
Caldwell, (dem.) Of Tenn, who advocated the Dii.
He declared himself ready by his vote TO commit the
cause in which no believed to the tribunal PROVIDED
for in bill, assured that through IL the country
would nnd peace and prosperity >,
He was followed by Mr.. Stevenson, dem OF IL,
and Mr. Caulned, tdem Of ILL.,, also In support OF the
bill.
Mr. GARFIELD, (rep) OF ONO the next speaker.
He desired In the outset say good things OF the
bill. II had some great merits which ne most SIN,
in q great and trying crisis OF the nation II
intended TO AID In tdlng over great present dii
guilty. possibly great pubic danger 1t would, doubt
loss. bring sut and would leave the person de-
clared be the elect of the nation with more undis-
puted title than perhaps under any other methodas
Yet suggested Ii no had speak Of the bill only
a partisan he should say he was not afraid
OF It's operation. : The eminent gentlemen who would
compose the commission, eminent for their character
and ability we're men who he believed, would seek 10
DO ana 40 bssn as elected ns
dent should confidently expect that an honest and
fair commission las, doubtless, this would bel would
find that to be the TACT But II might lind otherwise,
and II 1t did all good men everywhere would submit
MI Garneld then proceeded to argue 10 support OF
the theory II the right OF the president OF the
Senate count and declare the electoral votes. AS
illustrative OF bis argument be cited the TACT that
tn,ry-one States Of the Union the opening and pub
fishing the votes for Governor is ministerial act
put the hands Of designated officers, while in
only seven States tho Legislature was tine canvassng
rnE CONSTITUTIONAL QUESTION.
Mr. GARFIELD proceeded with his constitutional argu.
ment. He declared that his FIRST arrangement OF the
bill was that what the fathers SO carefully kept from
G9nsf n,s bin ,n' passed D sS pyov
sion ON the subject was gone forever and
snt Ss dsy un the psope
destroyed 1t IN It's turn. II would make Congress
returning board, with all the vices and none o. the
excuses returning boards Of the States Another
objection TO the bill was that the members OF TINS
commission not to be appointed by the President
sod BIO spposted $ housss
was ut variance with the constitution.
Another objection to II was that II
empowered these Official personages to take whatever
Jurisdiction they entitled to have. In other
words they were invited to 90 into the field OF the
constitution and laws browse at will; to construe
the Tor themselves and take whatever powers suited
them Another objection to the bill was that would be
in power OF the commission and of the two houses to
prevent any result whatever II one party was not
satisfied with the reached in regard TO Florida
IL might resort objections to debate to separation
of the two houses until the time was passed when
sth6 votes shall then be courted" There would be no
s.then" lett
MIR HoAR asked whether there any likeli-
hood of the two houses refusing discharge their
duty than there was OF the President of the Senate
refusing TO discharge his.
that the President Of the Senate could be removed
within an hour, but there was no way to punish
legislative body Tor performing its duty. In
cuson he suggested that the men Of the present day
should not try 'shoot Niagara and leave the whir
pool 10 their children. (Appause)
The House then, at eleven O'Clock, adjourned till to-
morrow morning At ten o'clock.