The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-25
THE DISPUTED ELECTION.
Continuance Of the Debate in the
Senate Chamber.
CONCLUSION OF MR. CONKLING'S SPEECH.
The Precedents from the Foundation Of
the Government.
AUTHORITY OF MADISON AND JEFF ERSON.
Senators Sargent and Morton
in Opposition.
RECORD OF THE INDIANA SENATOR.
Senator Bayard on the Necessity Of
Such Plan.
INFLUENCE OF PUBLIC SENTIMENT.
Omce-HOlders Rallying to Defeat
the Measure.
Senators Sargent ard Morton
in Opposition.
RECORD OF THE INDIANA SENATOR.
Senator Bayard on the Necessity Of
Such a Plan.
INFLUENCE OF PUBLIC SENTIMENT.
Office-HOlders Rallying to Defeat
the Measure.
FROM OUR SPECIAL CORRESPONDENT

rHOM OUk SPECIAL CORRESPONDENT
WASHINGTON, Jan. "a, 1871
Tho third day Of the Senate debate tho Electoral
bill opened by Senator Sargent, Mr. Conking not
being IN his place when the opened At eleven
o'clock. Mr. Sargent is per.naclous rather than an
aho man, and his argument took up time without
making much Impression. Senator Hasniin ex.
hibitcd and read to Tie Senate the contents
sf the Georgia electoral certificate winch
said 10 have bcen counted by Thouus
Jefferson. 1t was cIumsily aM irrcgulary
written and Mr.. uamn argued that as 1t WAS not ob
jected 10 Il must be taken OF the Vice
Presidents power 10 do what he pleased IN counting
the vote, " accept any he chose rrcgu
lar. Senator Edmunds, however, pointed out to him
that the teers acting tho part OF the houses
did not object to the but counted H. aud tho
Vice President exercised discretion the matter
There Ia old scandal that Sir. Jefferson used this
irregular vote to count himself President. and
lhis made the certificate Interesting many persons
As soon as 1t that Mr.. Conkling had risen
shs door of the Senate ned up with members OF tho
House and distinguished persons the desire to hear
him beng great as yesterday. Hc spoke more
freely aud was apparently in better spirits than yes
terday aud devoted Q considerable part of
hts remarks 10 summary Of the action
She most eminent public Of The country, from the
foundation Of the government the present time,
upon the question Of the Jurisdiction the electoral
v"te He showed that even Mr.. Pinckney, who had
bee" cited by both Mr.. Sherman and Mr.. Sargent, had
n.r held that tho Vice President mad power the
vote but that he held the duty OF the houses
to count tho votes, and that they TO take the
action OF tho States the final and asoer-
lain what the States had done.
'Now" said Mr. Conkling, "no Senator concerned
In framing this bill before the Senate holds any
other doctrine than this OF Mr. pnckney-,hat Il Is
tho duty OF Congress to ascertain what the States
have actually done. This tribunal can do no moro.
except by tramplng the constitution under footn-
He defended the Electoral bill from various charges
made against it. Heshowcd that in 1924 Webster, IN
the Senate, and Van Buren,, in the House, con-
Cured in making report, clearly prescribing
that the houses should examine the vote
and, reading from it the words ''and tue shall
Then be resumed remarked, "Not the witnessing by
dent" Tracing down the history Of the question he
came, at last. TO II report by Senator Morton himself
In which IS held that the certificate Of the Secretary
oil State Is required to authenticate the electoral
vote but that the ccrtilcno nj Tho Covernor 10 FL
cicnt THIS created some sensation. lie proceeded 10
show that under senator Mortons report the vote Of
Louisiana had been thrown ou
His further remark that Senator Morton's bill Of
last session would, had It become law, have only
withheld rs a matter of course, all authority from
election Of Mr. Tildcn Also created sensation, par.
ticuarly when he added that only three republican
Senators voted against that bili and these were
Senators Edmund4, Howe aud Conkling He pointed
out that MIR Mor.on's bill gave boundless authority
the either house. while the present bill
strictly and narrowly limits tho powers Of the houses
This comparison between what Dir. Morton pro-
posed last year and what this bill now proposes was
very elective He showed that from tho beginning of
government the present hour the powers OF the
houses the had been undsputcd and that tho
republican Senators Themselves present were all
committed by their to the consttu.ionaty of tho
twenty second joint rule and by recently sending COM
mecs the disputed States the opinion tina. the
houses had right 10 inquire.
when lie came to read from Mr. Morton's report
where ne said that the Vice President might by
necessity be compelled 10 decide he made u ire.
mcndous onslaught on the doctrine that "necessity'
should override tho constitution.
Necessity" said he, 'That enemy OF order and
prolific mother OF anarchy aud dcspotism."
said
because moan to maintain at every stage OF these
proceedings that the republican candidate has been
chosen President because believe him patriot and
good Citizen therefore wish take a title for him
which shall be clear that DO one can say that he has
cIuiched power"
This frank declaration put aside at q breath the
Islander which has boon industriousIy whispered
10 weaken his advocacy OF the BILL that hc did not
care Tor the election OF Mr.. Hayes.
1.-THE BILL" he said, may be denounced by the ad-
vsnturous, may be dcrided oy tho thoughtess, may
be treated with courag sayety by the Senator from
Pennsylvania. shall Tor It because believe It
to all the people and all the States"
Alter some brst passages with Senator Morton fol-