The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1877-01-31
A FIELD NIGHT.
Debate On the Electoral Bill in the
United States Senate.
: oncIusi9p of ConkIing's Great speech
and the Discussion Preceding
the Vote.
WAsHINGroN. Jan. a.

AT the conclusion OF Mr.. Sargents remarks,
He first presented petition numerously
signed by the merchants and business men of
New York in favor of the passage Of the pend
ing bill. Laid OH the table. He said he would
present to the senate, were it not addressed to
the special committee, telegram this morn,
ing received by him from Indiana, and signed
by 81 republicans and three demo-
Gratis. Among the sigp per he eo found gn
ernor OF the state; Leonidas Sexton, who was
lieutenant governor; Mr. Gordon, the repub-
lican candidate for attorney general in the
the republican candidate for governor, and
carried the flag calamity. He led the canvass,
qlsstr9uSiy ou, aasnlngiy MI, 'onki1 n3g s,Tn
amid laughter in the galleries.
Mr.. Conlxling then resumed his remarks
viewing his points made then, argued that in
no instance had the president of the senate
dSeq the to on IN to pee1n
the electoral vote except by the command
of the two houses. He then referred
aa sf he1u and sad the great Jefson DS
silently or secretly induced the tellers TO count
any vote which he did not believe to be right.
During the whole history of the government,
until the adoption of the twenty-second joint
rule, the two houses had always pre-
ih nT the 'n vo "no He then referred
to the difficulties attending the presidential
contest in 1900, and said that not only the men
| in both houses of congress, but the leaders OF
| thought all over the country had their atten-
/ ton riveted upon the subject of managing
just such questions as some of those awaiting
Mr.. Conkllng quoted from the bill,
and then discussed the prescribing
mode of deciding the disputed electors In the
| offices of president and vice president, and
said inthe house of representatives the de-
bate was led and the bill managed by John
Marshall, just one year before he occupied
that high judgment seat whence over the
| whole world he became renowned. 1t
was he who argued as to the neces-
/ oitx- Of no set
| Element of questions like those of to-day.
| The senator from Ohio (Mr. Shermanl yester-
| day enormously stated that the pending bill
provided for secret sessions of the committee
This bill did not do SO, but the bill OF 1870 did
SO provide; But for taking up the
| to show the senator from California
| (Sargentl that our forefathers thought that
impartiality was gained by contemplating
against each other adverse bias. Nothing in
the bill of 1900 ever for one moment put forth
the idea that the two houses did not have the
vice president ever had any authority
! further than to open the certificates
was never limited in the debate. Our
! the senate should not direct for himself the
order in which he would take up and open
the certificates. He next referred to the legis-
by unity of voices that the paramount law
| of the republic had repoSed in the
| constitutionally, lawfully and peacefully de-
| claring the result of an election. The two
houses of congress, and they alone, must de-
termine whether vote was good, bad or in
| different. He next referred TO the I'D joint
! rule agreed upon in 1865, and said IL was adopt
ed when the rebellion stood CORY and with
uplifted hands, striking at the vitals of the re-
public. Many acts might be proper though
| not competent in such an event. He never be-
the government asserted 1t had the right TO be.
| The twenty second joint rule had gone and he
rjOieed that il had but the gSast
it would not down. That il the power to count
the vote was by the constitution vested In the
every other rule on the subject had been bold
uSurpat1On.
Mr.. Conkling referred TO Morton's bill in
regard to counting the electoral vote, which
passed the senate at the last session, and
said there were only three republicans who
Vermont (Edmunds), the senator from wis
consin (Howerl and himself; that the bill
would have deposited with the house Of rep
resentatives absolute power TO settle this cleo
ton. 1t passed the senate and was
held up in motion to recon;
not that motion been made the house
of republicans could pass the bill and unless
the president found some constitutional OBJ
read from the bill which passed at the last
session and agreed that i provided that,
th both houses scng be
decided to be valid return. The honorable
senator from Indiana (,forton) said the bill
there was ever a continuance, 1t was the bill
which passed at the last session. 1t was the
political hell gate, paved and honeycomDed
Mr.. Conkling said he believed the republican
nominee had been chosen chief magistrate OF
this country. He believed him TO be patriot,
incapable ofinficting injury on his country
and ne asked him to take title to his great
office that no one could question. II was not
for the representatives of a state to refuse by
an association of the law-makfng power to
have peaceful, adequate tribunal, by the ac-
ton Of which every difficulty would be solved.
\ II this bill was a compromise of the truth of
law or of right, he was against 1T, but he de-
MED that II was any compromiise' and ana above above
| principle or constitution. To contest claim
| was not to compromise, to insist upon an hon
est and fair counting of the electoral vote was
not a compromise. a presidential election had
occurred, and unless there was a tie somebody
had been chosen. To establish the fact was no
compromise. He referred TO the arguments
| against the constitutionality of the tribunal
authorized by the BILL and asked If the silver
legal. or had its powers been destroyed be-
| cause three members of that commission were
| experts and not members OF congress? Was
| general of the army was member thereon?
Did not his presence dignity and strengthen
Mr. Sherman said the difference betwe IN the
silver commission, the army commission and
this commission TO make president was that
the silver and army commissions reported to
| either house of congress, and their action was
of no account until accepted by congress,
| while the action of the commission to make
a president was binding unless overturned by
| a concurrent vote of the two houses
Mr.. Conkling asked If II was ever heard that
congress could not impose upon national
| officers extra additional duties. Did the
honorable senator from Ohio deny that con-
gress had the power to employ a federal judge
| TO settle the contested boundary between
| states assert any other fact essential
| to the public welfare. The two houses, from
the beginning TO the end, were 70 make exam
ination of the electoral vote They agreed be-
| forehand to make il i'm particular by COM
| mittee, which was vested with the power OF
| the two houses for the time being, but the two
houses retained the whole thing abso-
IuteIy within their grasp to the end.
| It was the exercise OF power by the two houses
| and not a delegation of power, as had been
claimed. Recently IL was proposed to make
the chief Justice OF the supreme court umpire