The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1877-02-01

sacri6ce the honor OF that great party
OF liberty which had stood by the Government in
its hour OF peril. He then referred to the late
ed Joint Rule, and said it had been used for ten
years when both Houses of Congress were Re-
publican. Those who were opposed to this
measure must see at once that under the rule
which had prevailed for ten years while both
Houses were Republican, or even under the bill
which passed the Senate at the last session there
would be sorry prospect for having the votes
Of either Louisiana, Florida or South Carolina
counted with the rule Of the last ten years against
Republicans as precedent. The Democrats in
Congress had acted with great fairness in joining
with Republicans in reporting this bill. He then
referred to the power claimed for the President
Of the Senate to count the Electoral vote, and
said II the power to count that vote was vested in
the President of the Senate why had it been ex-
ercised by the two Houses of Congress during
the last ten yearsf He denied that the power to
determine and count the votes was vested in the
President OF the Senate, and said 1t would be
wonderful power 20 rep0ee in one man. Suppose,
during the late rebellion. the President OF the
Senate had held that the Union could not be dis
solved, and insisted upon counting all votes
which might come up from the scrthe-u statcs;
would the Senate and House have been compelled
to sit quietly by and take no action? He argued
that the Constitution imposed upon Congress the
duty of deciding upon and counting the Elector-
al votes and Congress was bound &c perform that
| duty. IL would be 9 great nerligerce TOW not TO
have legisiaton 70 TINT end. He argued at some
| length in favor CT the constitutionality Of the
proposed measure, and said the failure of Con-
| gress to pass the bill would be to cast upon the
| outgoing President the duty of determining to
whom he should transfer the Government. Every
consideration Of Justice demanded that Congress
should pase the bill. If All pstr,ot5 o. this coun
try should assemble In one vast plain their pray
| er would not be for riches, but it would be that
this land might be delivered from the baleful in
huences of party strife. In conclusion he spoke
| in favor of placing the best men in power, and
said il the present difficulties should be adjusted
the nation would profit by the lesson, and would
be the most happy and prosperous on the face Of
the earth.
In the Senate, on the 23d, number of
petitions from various cities were presented,
praying Cor The passage Of the bill presented by
the ONT Committee on counting the Electoral
vote. Consideration was then resumed OF the
bill in regard to counting the Electoral vote and
Mr.. Sherman spoke in opposition to it. He said
when the select committee was appointed to con-
slider this subject, he expected, as a matter or
course, to be able TO vote for
the bill reported by the committee,
because he entertained the highest
painful for him TO dissent from the views of the
men whom he esteemed so highly, but after the
brief examination he had given the measure he
was to make the court to decide the case already
made up, and there were PROVISIONS In it int0m
patible with the Constitution. Such law as
this was an evil example and it could
not be sustained under the Constitution.
The questions heretofore discussed had been:
First-Shall the President OF the Senate
count the voter Second-Can either house admit
or exclude vote? Third-Can both houses con-
curing do SO? Fourth-Can the Vice President
decide when the two houses disagree? The bill
presented other questions which are of more
grave and serious character. 1t contained four
propositions: First-That the President Of the
Senate had nothing to debut preside and open the
vote. second-One house of Congress
can not reject vote; Third-The
do so. Fourth--lt provided for a grand
commission, The decision Of which must be final,
daiess overruled by the concurring vote of the
two houses. He then argued that the bill was
unconstitutional, and he particularly opposed
the clause providing for the selection of five
Judges of the Supreme Court as members of the
Commission He also opposed the bill because
it is understood to delegate powers conferred
upon Congress to the Commission. 1t was an
Axiom OF law that legislative powers could not
be delegated. He read from various legal
authorities and argued that the bill was
intended to apply to a case pas sed, ended and
concluded, which was clearly uncon stitutiOnal.
IL the power to make laws could not be delegated,
how could Congress delegate power which con-
troled the votes of the states to a packed tri-
bunal? Another feature of the bill which VIC
lated the spirit Of the Constitution was that
authorizing the appointment OF com
mittee of five members of each House
as members OF the committee, not to take deposit
tions and report as other committees, but to be
beyond the control of the two houses after being
organized. The Constitution provided that no
member OF either hOuse shall hold office created
while BE held a seat in Congress. Mr.. Sherman
then spoke on the power and duties Of the Com
mission authorized by the bill, and asked
fed by State officers: If SO, every
body knew who would be Pre- .ident,
but If this Cofiimission was to be allowed to 90
back OF the returns, God only knows what the
result would be 1t would depend entirely upon
lot, the chance which selected the fifth Judge of
the Supreme Court, who would be the fifteenth
member Of the Commission. Mr.. Conkling fol-
lowed Mr.. She man, and spoke in favor Of the
bill In the House, a number of memorials,
etc. we're presentet in favor of the So called COM
promise bill. Mr.. Butt was admitted as member
from South Carolina. The report of the Commit
tee on Privileges was discussed at some length |
by Messrs Seelye, Williams (Wis.) and Tuck |
er. Mr.. Cox, Chairman of the G Jmmittee on |
Election Frauds in New York, submitted a re- |
port in regard to alleged tamperIng with Mr.. |
Hewitps mail in the New York Post office. 1t |
completely exonerates Postmaster James and |
his subordiratas in the Post Office from all blame
in the matter and declares that no such tamper- |
ing has been done.
In the Senate, on the oath, the bill to pro- |
vide for counting the Electoral vote was taken |
up as unfinished business. Mr.. Conkling was |
entitled to the floor but not being present, Mr.. |
Sargent spoke in opposition to the bill. He ar |
gued that the trainers of the Constitution never /
intended to lodge in Congress the dangerous
power of discriminating between returns of |
to count the votes was lodged in the President
of the Senate alone. He further opposed the |
bill because it degraded the Supreme Court by
bringing the Judges down to the muddy pool of |
politics and compelled them to wade through it. |
He objected TO the bill because it invited the
political party defeated by the ordi
nary. forms to clamor for another
hearing. The people would not |
respect the decision Of this tribunal, which was
without precedent and without sanction. He re-
garded the bill not as compromise, but as
surrender of Republican rights. Mr.. Sargent
having concluded, Mr.. OonkliDg resumed the /
floor and concluded his argument in favor of the
bill. A motion 10 adjourn was then made
and rejected, and recess was
evening session speeches were made in favor Of
the bill by Senators Bayard, Christiancy Thur
man, stevenson, Howe and Whyte, and against
it by Senators Morton and Eaton. Several mo-
tons to adjourn were rejected, and at a. m.
the Senate was still in session. it being the pur
pose of the friends of the bill to force
it to a vote before adjournment.
In the House, consideration was resumed of
reported by the Committee on Priv !
ileges, and the House was addressed by Mr.. Nc
Dill in favor of the resolutions submitted by the
minority of the committee. The Presidents
message in regard to the use of troops in the
South was then taken up as unfinished
and Mr.. Wood offered a resolution that
the message be referred to select committee of
eleven to inquire whether there had been an ex-
1rcise Of authority not warranted by the Consti-
ution and laws on the use of troops, for which
he President is justly responsible, with power
10 send for persons and papers. After consider
ible discussion the resolution was adopted
7eas, 1874; nays, IS.
The following is a brief resume of Senator
speech delivered on the 23d and 24th,
Ipon the Electoral bill: Mr.. Conkling said that
study of the matter, years ago, convinced him of
The right, and therefore the duty, of Congress to
Iscertain and verify the Electoral votes, and de-
,lare the true result of Presidential elections or
tlse by an assertion of law-making power to de-
are how these acts should be done. His pres
mt Judgment did not rest on preconceiyed opin-
Ons. Some weeks ago he reviewed carefully
md cautiously every act and proceeding in our
history bearing upon this question, and without
he aid of compilations made since then, he had
every utterance in books. He then
poke of the objections to the BILL and said if it
we're true that the right to count the votes was by
he Constitution imposed upon the
resident Of the Senate, the bill now upon
he table, nor any bill, rule or plan, would be of
he slightest efficacy or effect. Whenever the {
Constitution deposited power with any officer, ;
apartment or functionary there it must remain. |
the Constitution deposited in the President of {
he Senate n Elaatoral vyota |