The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-01-24
F~orty-Fourth Congress.

from the secretary of the treasury Zee N
mendipg an appropriation Of $500 900 t.
pay James B. Eads, on account Of work OF
the Mississippi jetties referred.
MI. Wallace Of Pennsylvania presented
the petition Of A. +. Borie, IT,, John
Welsh and other leading citizens of Phi,a'
delpbia, without distinction of party, in ia.
vor of the passage Of the compromise cleo
toral bill. He presented a similar petition
from citizens of plttsburg.
MIR. Cockrell of Missouri presented reso.
lutons Of the st. Louis merchants ex-
change favoripg the bill.
The senate resumed the consideration of
unfinished business, being the electoral
vote bill.
Mr.. Sherman spoke in opposition to the
bill. He said that when the select commit
ice was appointed to consider this subject,
he expected as a matter of course to be
able to vote for the bill reported by tic
committee, because he entertai ned the
highest respect for it's members. Ii was
painful to dissent from the views of men
whom he esteemed 80 highly, but after the
brief examination he had given it he thought
II his duty to oppose 1t. This bill was to
make a court to decide a case already made
up, and there were provisions incompatible
with the constitution. Such a law was an
evil example, and it could not be sustained
under the constitution. The questions
heretofore discussed had been, first-Snali
the president of the senate count tie vote
Second-Can either house admit or exclude
q vote Third-Can both houses CONVEX
ing do so3 Fourth-Cau the vicc-presi-
dent decide If the two houses disagree p?
This bill presented other questions which
were of a more grave and serious character
1t contained four PROPOSE ions First
That the president of the senate had no.h-
Ing to do but preside and open the votes
Second-One house Of c,ngress can
not reject q vote. Tbird-The two
houses, by a concurring vote, may do
30. Fourth. 1t provided for a grand COM
mission, the decision Of which must be
final unless oyerruled by the %toncurfing
vote of The two houses. lie then argued
that the bill MAS unc, n-titui nal. anu par
tiCulsriy opposed the clause providing Tor
the selection of five judges of The supreme
court Is members e the C ,mmlssi II. lie
also opposed lie blil because ii un,cr OOH
to d~eleg.tc .hs powers Conferred up ~ CON-
gr,es 10 IL CONN i,sion. Ii was an All III If
d. l. & tied. lie read ir,m various l.ga au-
tnorl,ies, aid argued lhat the bill wac ill.,
tended to apply 10 a cass la's'd,
ead.d and coac,sG,d. which was ,lear-
ly uncosstl.Gti,nai If the power
TO make laAs could not be dale
gated. how could oonges- C~c'egsic ne
power winch controlled the VT Il sac.
To a packed tribunal? An)iher f,a ufo 81
tie bill, which violated the spin OF tie
constitution. was that au.hni T. ~ I eap-
poiLtment If a comm Il c II I've IN nth re
OF E ,ch house as m,mu,rs Of a conmission
not Ia take depnsi i ~ and loport a. q her
Commissions, but to be b,yoid the coitol
Of the two Lous,s after b,iug organ ize'.
The constitution provided tina, 10 m,ma'r
Of 81 her house sasl hold an III e crcaI,d
whily hc held Il sta. IN congr's-.
MIR. Conkhng tpoke s.yiog Some
weeks ago he reviewed oaf,iuill, cat ous-
", livery act .nl preceding in our history
bearing upon this question AID with the
aid # compilations male since every ut
tcranoe In the books he had Examined a
dislinc i n might be drawn between the
power of the senate aud house of rcpie-
sentaliyes to act in counting the elect
oral vote. 1t WAS not his purpose 1T this
moment 10 explore that distinction nor IN
quire how far or whether the law Indicated
the exscls term in which the Constitution
should Nv executed.
Mr.. Conkling then spoke OF the Office
tions Il the bill AID said ii il was tue
tina, the right 10 count the vote was by the
constitution imposed upon the pIesidtnt #
the senate the bill now upon the table. nor
any bill, rule or plhn, would be OF the
slighiest efficiency or effect. Whenever
m, constitution deposited power With any
officer. deI artment or fanclionary, there il
must remain. If the constitution deposit
ed ia the president Of the senate the poser
to count the electoral so,e there WIS an end
of II and any act OF rule to strip him Of
that power would be "a b.id intrusion upon
the conslituii D.. Ii such was the ToNer
of the president on the senate tlcn every
proceeding lad her,tliore ny the tao
houses Of congress was a llgraut violation
Of the constitution. 40 denied Tint the
power % court votes Hts vested ira tie
president of tie senate ana SID II the con-
5 tuition gsse all the power 10 ore man II
was not oa-y TO tell how congress could
witness or verify the act. Ifihe PRECEDENT Of
the senate Chose 70 utter words ihc mem-
hers Of the two houses must listen 10 them.
The constitute decisred the pIesid a. of
the senate should open Tire certificates.
That was a giant Of power. h then &C.
cllred tae vote should ie counied-lY
whom ? Dd he irsmers ofihc eausti a
tion intend n should t- ~ the pie-iaerto #
the senstef Ii - Two lille words would
have fAed it.. The men wlo drafted The
constitution were masters # aga g. ;
they wce So stidieus .u their ies'e, 81, "a
act that words tho0'l htcame cchp OF
shought, lia' iaas apqon ca "a com
.AH 80 .. mil. . -M d.. HH