davidaulloa/AmericanStories huggingface dataset:
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-09


Ia has been said in this debate that the
ken of man, the forecast of sages, did not in
the beginning discern the possibility that
serious problems might require solution in
the count and ascertainment of Electoral
votes. yentured yesterday to deny the
assertion. | repeat the denial now. In
1896 Presidential election had been held
Electors had been appointed by the States,
Vermont among them. Madison and Jeffer-
son, separated by distance, were in cores
pondence, and Madison wrote to jefferson
that the election was still in doubt, II this
was weeks after the Electors had been ap-
pointed because of the allegation that
there was "vice" Il use his word) in the
vote of Vermont. He wrote that if her
Electoral votes turned out to be valid, the
election would be one way, otherwise it
might be the other way. What was the
vie, or alleged vice, in the vote of Yer
mont The State of Vermont was
then living under Constitution
wanting in provision for the choice
of the Electors. No statute had been
passed directing the mode in which
Electors should be appointed. and the Con-
stitution of the United States ordained that
they should be appointed by the States
in the mode directed by their Legislatures.
The Legislature of Vermont. in the absence
of a statute. proceeded itself to appoint
Electors. That was the customary mode
observed then in other States, except in
those in which the Governor alone appointed.
Argument arose. On the one side it was
SAID 1.-THE Legislature of Vermont has not
directed the mode in which Presidential
Electors shall be appointed there is no
statute and the Legislature can speak only
by statute" On the other hand it was
said "when the Legislature proceeds itself
to choose Electors, does it not direc. the pro-
cess Does it not say by action speaking
louder than words how the Electors shall be
chosen" And it was Of that doubt, and OF
the .vice" it suggested, that James Mad
i-on, on the 18th Of December, 1876, wrote
to Thomas Jefferson these words
Il cannot entirely remove the uncertainty
in which my last left the election Unless
the Vermont election, Of which little has
OF late been said, should contain some fatal
vice in it, Mr.. Adams may be considered
as the President-elect."
Two weeks aiterward on the 9Th of
January, 49,, he wrote
If the Vermont votes be valid. a. is now
generally supposed, Mr.. Adams will have Il
and you 60, Pincknev being in the rear Of
both. "-SenGtor COHkling's Speech.
The votes of Vermont were counted for
John Adams. And as the Legislature by
proceeding to choose Electors directed the
process, 50 the first Senate, BY electing
President Of tho Senate '.for The purpose
Of counting the rofes," gave distinct direc-
ton as to who, in the absence of definite
statute, should count the votes
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-09

- i'lrlidncnt, says Thomas Erskinc May,
g has no direct control over any single de-
partment Of the state" According to the
accepted theories Of a majority Of our rulers
at Washington, the American doctrine is that
Congress has direct control over eycry de-
paytment of tie State. 1t has proceeded at
length, by virtue Of the omnipotencc OF its
legislative will, to absorb all the powers OF
Government 1t has reached, in the
process of unilication OF power, the concen-
tration of all power in one set Of men or Con
gressional centre. This practically omnipo-
tent Legislature has appointed ten of its
members, each one of whom is prohibited as
an officer of the United States from voting d.
rectly for President, to decide, virtually
without appeal, who shall constitute the cx
ecu;ive head of the nation. thereby control
ling, Trough ten Legislators. the Executive
Department of the Government for four
years. 1t has taken FIVE Judges of the Su-
premc Court, each also constitution
ally disqualified to vote as an Elector
for President, to aid in selecting the
Executive, thereby disabling the highest
court from passing judgment upon the con-
stitutonality of its own unwarranted legis-
lati,e act Having silenced the Judicial
Department by taking majority of the
Justices from the bench of the supreme
tribunal, and placing in their hand the Joint
and several powers and du'ies of all the
members of Congress and :he Presiden-
tial Electors, this unchecked gislative De
partment, with GOODNESS 1t is unap-
proachable, strips the secor highest of
fcer in the Executive Dep. ment of his
powers and prerogatives wi;nout leave or
license, having first rendered an appeal on
his part from the unconstitutionality of their
legislation useless and without possible re-
suit.
1t has heretofore been supposed that tho
authority of the American Congress was ex-
tremely limited compared with that of the
British Parliament Since this last feat Of
legislative legerdemain, the received opinion
must be reversed, and Parliament must be
deemed n body of restricted powers COM
pared with Congress.-N. Y. Times.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-09

Nor only is the Republican case before
1he Electoral Commission founded on the
better law ard jpster equity, but the Repub-
lican lawyers appear to be presenting 1t IN
an ADLER ard clearer manner than the Demo
cratic lawyers are presenting their side oil
the controversy. The argument Of Hon.
John 4. kasson Is conceded to have been IN
conception, in terseness of expression, in
legal force and adaptedness to the occasion
and the tribunal, altogether superior to the
speeches of Field and Tucker. The argu-
nent of Judge Stanley Matthews is also
very highly praised, while Mr.. Evarts
closing argument was exceedingly able and
greatly encouraged the hopes Of the Repub-
iicans. The point of controversy is the
power OF the Commission to go behind the
returns, the Republicans holding that Con-
gress-and of course the Commission-has
power only to determine which set of
Electors "by the actual declaration of the
uthcial authority has become clothed by the
forms of law with actual incumbency and
possession Of the Office" The Democrats, on
the other hand, maintain that, after State
has impeaehed the Governors certificate, as
they claim has been done in the case of
Florida, then Congress and the Commission
may 90 behind it. The fac. that if the Com
mission decides to 80 back of the returns,
and investigate the election in the States,
there is no hope Of decision before the 4th
VI March. will doubtless have its effect upon
their decision.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-09

fHE I.rmonf Chronicle considers tht
Electoral bill most statesmanlike and dis
interested device; thinks it happy circum.
stance that our distinguished Vermont
Senator has been chief in efiecting this happy
settlement Of 50 threatening a question. y
snd declares that ''it is not now possible
that our next President should hold his Office
except by consent, and to the satisfaction Of
= large majority Of the people Of the coun.
Try, Of all PARTIES"
One would suppose that the Presidential
question was already settled, and everybody
suited. But the question is still question
and nothing i, certain about it, except that
there will be NJ end OF bowling over the re-
suit anl cIrsing of the authors Of the Com
promise, from the losing party, whichever
i. happen1 to be. The next President will
bod his Office to the satisfaction Of his own
party. NJ re than that cannot be expected
and will not be realized.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-09

Ma. EuNUNDs. in his defence Of the Flee
toIal bill, makes much Of the facts that the
two Houses Of Congress adopted the twenty
second Joint rule, and that the Senate voted
tor Morton's bill, which in effect embodied
the joint iule. The same point was made
in an editori i in the New York World to
which our attention has been called, as a
vindication Of Mr. Edmunds' course. The
World says
Every Republican Senator but three voted
less than year ago for Morton's tlan, which
yielded to the House as a right, in case Of
double returns. that which the House has
now surrendered. Edmunds and Conking
were two Of the Senators who resisted Nor
tons plan. The asserted authority of the
House had no really elrnest indicator on
the Senate committee, and, by its unenim-
ity, that committee appears to have ma
neuyred the House committee out of its
secure intrenchments and accomplished a
complete capture. The Senate committee
and the Senate, as against the House com
mittee and tie llou.e, have won victory.
The trouble with the presidents thus
cited is that tLey prove too much. If former
support Of the twenty-secOnd joint rule and
Of Norton bill was to be the guide Of
present action, then the Republican Senators,
one and all, should have bowed to the
Houses assertion Of its right to reject the
sote Of any State. Bat none Of them are
now willing to yield that power to the
House. In abandoning their former con
csssiOn of such power they confess that the
later mis!nterpretation Of the Constitution
adopted in tim; OF v ar, and still prevailing
when Mr. Morton drew mp his bill, was a
mistake, and they would have done well 70
own as frankly as senator Morton did. that
they were then acting under insufficient ex-
animation OF the facts Of history, and were
wrong, and to return to the earlier and
truer theory, Of the right and duty Of the
President OF the Senate to count the votes.
1t may have been victory" to procure
from the House the abandonment Of is
claim that the twenty second joint rule was
still in force but it was q dearly bought
victory, for it Yves secured by yielding the
very key OF the Repsblicsn position
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-09

BsArTLEBoRo AND Wn;TEHAIL R,nROAD.
Tie friends of the Brattlebcro and W hits-
hall RIllrOad, he'll large and enthusiastic
meetings at Braitleboro. Thursday utter
noon AMI evening, and an organization was
fully pelttc;td, with these directors aad
filters President, W. H. Cooke. Of
Whitehall clerk and treasurer, JOAN A
Butler, Of Jamaica directors, Charles F.
Thompson and Francls GJodhue. of Brat
rlebuFU; d II Dickinson, of New fame \
L. Howard, OF TIwusherd f.. l. Water
mau. Of Jamaica E. j aaw.cv and NJ. ;
ColbGrn, ct Manchester d. l. Ksut, OF
Dorset DSIght Taylor, Of Rupert. Z
Reed. of Pawlet + rsmpls. 81 6ranvlllr
H. q. Rdrleigh and " ii. Coukr, OF
Whitehall. and K l. O'Brien, .; New
York. Great Interest Is already manifested
along the entire ruute, ana the uihier- and
directors arc Prominent cit'7-ns, OF ent.r-
prise and means. Tue barge Ueetrug, 80
the Town Hall, in the evening was al
dressed by M,s~rs Cooke and ET,leIGh. OF
Whitehall; L. |. Waterman. ut Jamaica
a. p Chhds. gan9nxton Thompson,
nIyeu?crt iiarri, aud Crosby, oi Srattie
horn M,rtIn. ui L0nd ,udrrry Stoilard,
OF TJWusheud. and p,rrS Others. jamaica
and TuWn,heuj nave already bjuded log
eight times their respective grand iISis. anu
Brartlehlrn has raised Il large SUN. by sub
ScriptiUn.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-09
CHARLES o CJSNOR

followed on behalf I'll the dsm0or.tie side,
and III opening referred tU the gravity OF
tho case to be decii, 4 hy thc Commission
and To tho high charsct5r OF that tribunal,
lie said in reference To she question OF what
clements of inquiry were within reach of
tho compassion. tina, the cUuus On the Two
sides stood in direct Conflict lie contend
cd that the Commission had the right BY
just and proper means t. inquire what was
the vote of Florida, while the other side
maintained It must sustain the returns
certified to by the gCTs.uOr. The
powers OF the commission we're July
expressed 10 the electoral bill and gave the
commission the same power a. the two
Houses acting together or SInglg, an1 this
brought the question, What are the po~tr, OF
the two house HotIng separately Cr together
touching the election? That no power Of
any description deserving the name OF pow
er to invest ate and decide resided IN the
President OF the Senate Is the most palpa-
bic construction OF the words ct the eJnstl-
tuition. lie is authorized 10 receive certain
packets lie has no authority whatever by
tine constitution save and except uuly 10
present himpsif 10 the Two Houses, and
before them to open these packets ,he word
- certificates" bat it mean. these packets)
lie has no right TO open them Ut any other
time. and no power to inquire, to take tes-
timony or inquire into them lii- duties
are merely clerical. The Nice-PresIdent
was required to receive the certificates.
thcy we're TO bear no ear marks to designate
what they were The Constitution required
that he open all the certificates that come
10 him indicative OF being such
and the constitution there ends his duty.
But when we come to the count We are not
told that there shall be count OF all the
certificates. hut that the votes shall be
counted This implies the preliminary in-
curry ~ to what were the votes. No con-
sututiol.al provision WAS made as &c the
mode OF COUNTING and it was Lett BY iGl-
plication for those who were to act official
ly on the result lie would not dispute
that Congress by united action might have
constituted some body OF given some indl-
vidral power to make this investigation,
but they had not done so prior to this &C.
casiun The law IS construed BY h. side
vested in tho two Houses. IN Il contingency
H. Is here presented, the power to do what
ever may be reedtul for the accomplish
nent OF Justice. The argument in opposi-
ton was the Inconvenience Of taking the ne
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-09

ONk OF the best things said in either House
in the debates on the Electoral Bill, was
this, by General Garfield
I'VE have been told to-day in this Cham
Der that there is danger Of civil war if the
bill does not pass. | was amazed at the
folly which could use such suggestion as
an argument in favor of this or any measure.
" hen you tell me that civil war is threat
ened by any party or State in this Repub-
lie, YOU have given me supreme reason
why an American Congress should refuse.
with unutterable scorn, TO listen to those
who threaten, or do any act whatever under
the coercion Of threats by any power on the
earth With all my soul, | despise your
threat Of civil war, come it from what
quarter or what party it may. Brave men,
certainly brave nation, will do nothing
under such compulsion. We arc entrust-
ed with the work Of Obeying and defending
the Constitution. | will not be deferred
from obeying it because somebody threatens
20 destroy it. dismiss all that class of
motives As unworthy of Americana
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-09

rnE House of Representatives. passed the
legislative, Executive and Judicial Appro-
priation bill On Saturday. 1t cuts down the
salary of the President, and many other OIL
Gals of high and low degree. In the Dill
IS reported, the salaries of Congressman
were reduced from $1,000 to $500, but
the "reformers " struck of the reduction
Of their ow. pay, while the other reductions
r,-nra n.aAa
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-09
IluiSlana.

lhc Democrats who cxult over the "reN-
CATIONS are welcome To all the satlsiac-
ton they can derive from them but 1t Is a
strange obtuseness which will not let them
see that the whole story discredits their own
party far more than it does their opponents,
even if the worst construction possible Tor
the Republicans is put upon it. The wit
ness Maddox says that the first proposal was
70 sell ont to the Republicans, and that he
made the offer to Secretary Cameron, who
promptly refused to have anything to do
with it. Then he went to Hewitt and
Morris,ev, the former of whom commended
his conduct but declined to make bargain
because the vote of Louisiana was not
needed Morrissey was willing to help in
raising the money necessary, but, for some
reason not explained, the plan fell through.
The negotiators who tell this remarkable
story admit that they were to receive per-
ccntagc of the price. Pickett says he should
not have scruplcd to take his share, regard
ing it as ''spoiing of the Egyptians" but
he did not intend to use all of it for himself.
The chief part Of it he meant to bestow upon
the widows and orphans of Confederate SOL
diers This statement is said to have
amused the committee. This Pickett, ac-
eordins to his own autobiography given to
David Dudley Field, has led chcckered
career. lie was a Brigadier General under
Kossutb, Major General under Santa Anna,
Minister Plenipotentiary "near the Govern
msnt of Mexico under jefferson Davis, and
at one time held position Of some sort by ap-
pointment of Gen Walker, when that gray
eyed man of destiny was filibusterlng In
Nicaragua lie has also been in the United
States consular service, was Colonel In the
Confederate army, Chief of Staff TO Gen.
Breckenridge at various times and, twenty
seven years ago, he 'struck blow fo- the
Independence OF Cuba" When all was
over and be felt that the Confederacy was
no more, hc gathered up the rebel archives
and sold them to the United States Govern
ment for thirty-fve thousand dollars. To
this soldier of fortune, as he asserts, Gov.
Wells agreed to sell the vote of Louisiana
for million dollars. Gen. Anderson says
that he never spoke ten words to Maddox in
his life. and Gov Wells denies his state
ments in the most emphatic terms.
One Of the most cheerful indications, in
the Electoral business, is the growing Of the
New York Sun. The Sun favored the COM
promise till it began to be doubtful that
Judge Davis would 90 on the Commission.
As soon as tho Commission was completed
with Judge Bradley as tie fifth Justice, tine
.Sin discovered that the whole thing was
unconstitutional and abominable, The sim
ple explanation Of this. Of course. is that
with Davis as the umpire, the Commission
would have been Tilden machine. As it
is, thanks to the Democrats Of the Hi
nois Legislature, the Republican cause and
candidates have fair show before the trib-
unal; and good prospect Of success.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-09

A REPORT of the opening of the Tripartite
Commission says: On one side Of the
table sat the five judges, Justice Clifford &C.
eupying high-baeked camel's hair chair
Why I" high-backed camel should have
been shorn for the upholstery OF Judge
Clihord's chair, is not revealed. But per-
haps it is expected that he will get his own
back Up. before their business is through,
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-09

Mr.. CATE, of Wisconsin, in his speech
took ground against the Electoral Com
mission bill because, he said, "it may result
in the denial OF Justice and the triumph OF
conspiracy, the most gigantic and damnaoie
to compass the Inauguration OF MIR. Hayes,
Fifty thousand dollars was the Democratic
BID for an Elector in South Carolina, ono
hundred thousand in Louisiana, and TWO
hundred and fifty thousand dollars Tor a
member of the Returning Board. Is this
Democrat afraid of the triumph OF con-
spiracy, because he knows no price could buy
a vote from this Commission?
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-09

STATEMENT FROM THE RUTLAND CHEESE
FACTORY during tue season Ut 1876, the
Rutland cheese factory made seven divi-
bends as follows; Number pounds of milk
for one of s1aese. first dividend 10. IS, sec
oud y %. third 8 9, fourth 1913. hith I0.I
sixth o 43, seventh % Value OF 100
pounds of milk. first dividend 96c. second
S5c, third 15c, fourth lie, fifth 9-c, sixth
SI.I4, seventh 81 81. Whole number
pounds milk received at factory | ,li3 PSI i,
whole number pounds of cheese made III,
1873 whole amount OF money received Sl3 =
029 %. whole expense account 50 ,22O. 81
cash dividend among psrrOrs $40 SU5 -
Most OF the cheese was shipped to j. p
Bullock / Co, Providence. X. l., and sold
on commission. There was no sage cheese
made. At the annual meeting OF the pat
rous the following officers were chosen for
the ensuing seasnn Moderator, j. W
Ounklee; clerk, IL E. Colburn; directors.
A f. johnson, W. F. Kelley 0rIn Thomas;
auditors, j. W. Dunklee, Il. Z. Colburn. )
Curtis. The directors have contracted with
A. NJ. Adams to furnish. make, weigh and
box. and pay eight per cent. interest on
sum invested in the factory for Sl.70 Der
hundred OF cheess.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-09

TaE Electoral bill was crowded through
congress under whip and spur, and without
allowing the slightest amendment. As soon
- Congress goes to work under it, it is dis
.oyered that it needs amendment; and 1t
will not be surprising il it is found to need
changing in something more than a minor
ietaii, before they are through with it.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-09

REUFEocITY WITH CANADA.-The Boston
Board of Trade, at a meeting on Thursday
card report from Mr.. J. B. Brigham,
no was a delegate from Boston to the
recent meeting of the Dominion Board OF
Trade at Ottawa. Mr.. Brigham said the
Dominion Board, after very full discussion
gave decided expression in favor of reci-
procity with this country. They consider
the United States as their natural market,
ami think that Boston and New England
are especially interested in free trade with
the Dominion. During the sessions of the
Board at Ottawa the subject of retaliatory
duties was discussed ard action taken in
iayor of protecting their own industries by
way Of squirting up the friends Of reciprocity.
Mr.. Brigham thought the United States
should get to work as soon as possible. 1t
was important to get an entering wedge aud
as many articles passed free Of duty by both
Countries as can be agreed upon. lie favored
committee to 90 to Washington and re-
main there, il necessary. to secure the APP
pointment Of commission to prepare new
treaty. Messrs. John W. Chandler and NJ.
P. Kennard were then appointed a commit
tee Of the Boston Board Jf Trade 30 visit
Washington 10 the interest Of reciprocity
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-09

\ lest CASH IL National Bank. OF
Derby line, Vi - the town Of Concord,
Vt. II suit to recover SIS interest on the
town bond, ISSUED IL aid OF the Portland
and Ogdenshurg Railroad. has been on trial
before Justices Chen'y and Nelson Judg-
mcnt WI, gwen in favor Of the plaintiffs to
recover SIS and costs The defendants ask
for an appeal to the county Court, but the
plaintiff. claim that under the statute laws
OF Vermont the ra-o A. not appealahle. The
justices decision on the appeal il deferred
Th.s - = tvst ease. and one ut considerable
Importance IL ths iOuiaollers
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-09

4 correspondent says . 1t is thought
that the Democrats do not mean to accel I
the action Of the Commission az final if il
goes against them