The New York herald., 1877-01-24


pertinent to the Message OF the Governor. This is h
time for legislative bodies to speak their minds ON th
| overshadowing question.
| Mr. JACOBS replicd-It remarkable that the sub
oct alluded TO should just have reached the attention
the Senator when the Congress of the United States
had IL before them He would like to take dstin
guished republican Senator by the hand for his manli
ness in rising above party spirit He concluded b,
Withdrawing his motion
MOTION To POSTPONE.
Mr. KENNEDY moved to postpone the resolutions unit
Tuesday next. Ho thought 1t would be deplorable te
force question upon this Senate whlo such impor
tant events transpring at Washington.
MR. COLE AND DELAY.
Mr. CoLE said thcrc a necessity for the representa-
tives Of the people speaking out and expressing the
views this all important question. Ho hoped vote
would bc had to-day.
WISDOM IN rosrPoyRMgSr.
III. SrARBUcK remarked that thoughtful minds were
impressed with the feeling that this government Is
seriously threatened by the present state OF affairs
tinguishcd careful United States Senator warned
tho supporters Of radcasm against this threaten
question There Is wisdom in the motion to postpone.
President reaching that nigh Office in any other way
than by the legitimate voice OF the people will not be
respected by the people.
raE LEGISLATURES AND ITS RIGHT
Mr.. SPRAGUE answered that he did not know but In
politics Information aud In tmdation tho salne
thing. Ho icl that tho representatives at Washington
will DO glad TO hear from this Senate on this Presidcn-
tia question. Tho Legislature has right TO dissent
from the opinion OF the Governor ana express that
dissent in respectful language.
THE FAvoRiTE DEMOCRATIC REVENGE
Mr.. WooDlS remarked that the resolutions are In
perfect harmony with any constitutional plan which
Congress may adopt TO settle the question. Ho gave
notice all the world thct tho resolutions not
intended the distinguished Senator from
this IS State nc regarded Hoseoe @ Connng as peerless
had moro earnest respect from him mr.
Woodn) than the Senator he had named
The democrats ask to keep quiet, and yct on the
Sth Of last the democrats invited to mcct
IN Washington. What were they TO meet for-to drink
tho iavorite democrats. beverage In Washington {?
An! no. The resolutions before us contain simple
constitutional provisions, and ho would like TO hear
the democrats discuss them, not seek to postpone ac
ton OH them
MIR. SrARBUcK said he had the ordinarily
judicial and calm Senator from the Twcnty-fiith
(Woodn) SO imprisoned to-day. when speaking OF
these resolutions. Is not his excitement one OF the
best arguments in favor OF postponng tho vote the
question before us until another time? IL
to postpone the question until we have further
Information OF what our representatives In Washing
ton have done. There has been time when the
democratic party has SO challenged the admiration OF
the world as it does to-day History does not furnish
another example OF such patriotism
shown by this party now so quietly waiting
q decision on this question That pdrty gave ma
LOFTY o hS SU,e Tor rs %
cast the country into shoreless sea ny any action OF
theirs
rho question OF postponing was then lost-Yeas IL,
nays Is.
REFERRED TO THE JUDICIARY COMMITTEE
The question then recurring on the passage Of the
resolutions, Mr. JACOBS argued that in questions of
such magnitude as these 1t was but right that they
should 60 to committee, and he therefore moved TO
reier the resolutions to the Judiciary Com mttee.
Mr.. GERARD supported Mr.. jacobs motion. saying he
had studied the question OF the consttutionalty OF the
resolutions very carefully, and he confessed he wanted
more sht ON tnem, and he expected to get moro in
formation from his brother Senators He quoted at
Iont from n nf In nrt
o the opinion that the President OF the senate has not
the right TO count the vote Of tho Electoral Colleges
He also quoted from speech made by Senator Conk-
ling February, 1873, IN support OF the position that
the two houses should count the ballots
Mr.. LAMONT said that he was at loss to determine
tho meaning OF the resolutions He desired to have the
opinion Of tho Judiciary Committee on the fourth reso
luton relative to counting the vote He wanted the
Senate agree resolutions which Will indicate that
the Senators love their country more than they do
party.
sty for resolutions OF this character II was proper,
however that the Senate express tselfin reply to the
paragraph In tho Governors Message on this subject
He Mr. Carpenter) quoted the paragraph from
the Governors Message bearing On tho count
ing Of the Presidential vote. He quoted from
the United States constitution the paragraph bearing
the opening and counting Of tho electoral vote He
thought tho true construction OF tho section he read
meant that the 81 Vice OF the limited sa,es
the votes NO ore can seriously claim that Congress
has the right to pass upon tho votos from
each state. Congress could just as well elect
President to make itself returning board to pass
upon the votes OF any State Tho business men OF the
country wish quiet and prosperity, but they do not
want to tho constitution in shreds for any tempo
rary peace. They desire peace secured in constitu
tional way
MR. JAcoBs' RESOLUTIONS.
Mr. JACOBS withdrew his motion to refer and offered
the following
Resolved If the Assembly concur that approve the
all questions relating to the electoral vote wse states
senators and Of Now York the
said bill.
for Mr. woodin's and that DO referred to tho judi
cary Committee
rILDEX's "rIRRBRAxD"
Mr., MCCARTHY said that Two years ago was the
first time that any Governor used the message
Tor personal political purposes. Not satisfied
o M aen has
the present Governors Message this rebrand with
reference to the Presidential question: and now tho
democratic Senators object to the majority OF tho Leg
islaturc putting themselves on record opposed
the Governors opinions as expressed in the last para
MR. JACOBS SUBSTITUTE LOST.
Mr.. JACOBS proposed substitute was lost. Yeas 13,
nays Is.
RIGHT OF THE PRESIDENT OF THE SENATE
Mr.. BRADLEY remarked that he recognized the right
OF the Senate to express Its views on any public ques
ton to which there dispute or controversy, and
he hoped tho great Presidential question before
the country would receive careful, calm and
cool consideration. When the election closed
tho people we're prepared TO receive tho result and
they equally ready to-day TO receive the decision,
II such result reached in constit utona manner.
as he derives from parliamentary rules anu the
stitution and tho latter instrument does not give
HIM the right to count tho electoral ballot
The trainers OF tho constitution did not mean to give
the Vice. President the right TO count the vote Mr.
Bradley quoted great length from tho official record
of last M3rch support Of this statement Resuming,
Mr. Bradley said lis thcrc any great emergency which
should-now require the President OF the senate to
crc,se power he never exercised beiorcg Federal
Office holders and those dcsirous Of place undertake
aum u stration clamorOus tor vestug such power
In tho President Of tho Senate.
ADJOURN.
At this point, five minutes past two Mr. JACOBS
moved to adjourn. Lost-Yeas IL, nays IL.
ADJOURNMENT UNTIL EVENING.
Mr. WoopiS moved TO take a recess until half past
seven this evening Lost-Ycas II, nays H. the
President voting IN the negative.
Mr.. WOODEN again moved TO take recess until half
past seven this evening. CarrIed-Ycas IL, nays 10.
EVENING SESSION
Mr.. BRADLEY continued his remarks, say ing Tho
Legislature OF Louisiana had right to submit to any
body of the powers which the constitution guar
anteed to II legislative body. The power OF review
ia snrns n a