National Republican., 1877-01-25
CONGRESSIONAL REVIEW.
IConiinaed from Firsi Paas.l

tConiinued from First Psgs.l
had reached a peril which the trainers Of the
Constitution forosaw, but the consideration OF
which they postponed to a golden by.,nd;ey, and
lie quoted from the debates on the bills Of 1900
siatesmsn TO show this was admitted by tho
Statesmen Of that day. The peril should have
stit"tion, @ % II the sSscuee Of such an amendment
he should support the bill now before the Senate.
fariy, honestly and constitutionaIiy elected, and
he was willing to submit the question to an i'm.
partial tribunal without asking the politics Of It's
members.
Nh, NoRRrLLs REMARKS.
Mr.. MORRILL, said he was one Of those who
believed that Hayes and Wheeler had been hon
estly and legally elected, and the long time that
eagerncss to obtain office had made them demand
victory before they had earned IT, In the sot.
81 6 the cS SSTs out S s late
q The commission provided for in this bill.
known political quantity, and one afteoi tn is the
unknown and deciding power.
This proposition Will arouse the politioiI ON.
hers IN the minds OF the Judges and set thom
aname. II this bill should fall then the whole
question viii be Ismtted NJ to the House ,n and and
viii not agree before the time expires ior q new
President to take his seat, and in tho absence Of
the bili although not quite what he could de-
Mr.. MORTON took the floor. but said he was
not able to 90 on with his remarks tonight, and
moved that the Senate adjourn.
a., The question was put and decided @ IN the mega neg,
Mr. SHERMAN said he thought the bill was
had Spoken only about Ave hours, while ono Of
the friends Of the bill had occupied many more
than that number Of hours, and as Mr. MORTON
was the only member Of the committee who op-
posed the bill 1t seemed no more than right to
give way to his request and lot the vote be taken
,Mr. EDMuNDs said the bill was not his and
the case was not his, and ~ the Senate decided to
to be available at all II must be passed at oncs:
| The yeas and nays were taken, and resulted
yeas, 2b; nays, 4S and the SENATE refused to ad-
MIR. MORTON then commenced speech, with
| Messrs. HOWE and EpNuNDs to follow. A vote,
| II reached at all, will not be had until o late
hour In the morning.
| House OF Representatives.
Mr. STONE, Of NO., sent up and had read the
| resolutions OF the Chamber Of Commerce Of st.
Louis, in favor Of the compromise bill on the
Presidential election. Tho paper was ordered
| printed IN the Record.
The House resumed consideration Of the reso.
iutions reported from the Special Committee on
Powers and Privileges Of the House.
THE REPORT ON POWERS, ETC. OF TUE HOUSE.
Mr.. McD1LL, Of Iowa, member Of the CON-
| mittee, said he regretted that there wore two
| reports, and that the committee had not been
able to agree. A unanimous report on this i'm.
portant question would have been spectacle
worthy Of the highest admiration. He fclt bound
to dinef from the majority Of the committee, be
cause they held that the power Of the House was
| exclusive and absolute in the count of the
electoral votes. If the doctrine Of the majority is
correct, then for nearly century the Congress Of
the United States has misunderstood its powers
opinion tho resolutions OF the majority were con.
which report he hoped to see adopted BY the
Honse and by Congress, for IL would settle this
With reference to the count, he contended that
pacity, and by no means IN q Judicial capacity.
II tho House could exercise the power claimed for
for,S The President T. Of III the United States would
House Of RePIesentatiyes, and would be Obliged
too, excludes the President Of the Senate rom on
The sRs ah%i %ho
made the custodian and keeper q q the votes under
only invited to be present are to be the Judges
Hewould not contend that under the Constitution
the President ef the Senate alone could make 2 tn;
part in the trsnsaetion. The iathsr; of the Con
stiiuton evidently intended that this Officer
should not merely break the seals Of the envei
opes containing the votes; but he was an actual
eermne 'hS whether ths PGesaene Of tSt
Senate has or has not a vote, but 1t settles the
i%asI act that ~ he Is factor in the count
should be counted without the consent Of the
House, was an assumption Of authority which ht
ing in the Constitution to warrant this assump
tion. In hts opinion II was not even warranted
to ndosse tSsa hs not
member Of Congress when IL was adopted. Their,
vas good excuse, however, for its adoPtion 70
States should not be counted by reason Of the
relation to the Federal Union. He concluded
the intention Of that instrument 70 keep III,
House free from any absolute dictatlon In tn
gency IL would elect the President. with rsgsr'
TO the Bill OF the loint committee hs 81 should CIV
his hearty support nnie;s Il should Dc amendo
BILE. Ifit could be adopted with unanlmity |
would be the crowning glory OF the Republic, an,
1t would tend TO perpetuate American institutions
, Mr.. BRIoHT FAvoRs THE cooRDINArg RIGHT o.
, THE HOUSE.
Mr.. BRIGHT, OF Tenn, argued In favor Of tn
| right OF the House to act co-0rdlnatcly with til
Senate in the count Of the vote, He assumed an
. returns in order to proper ascertainment Of tn
: votes for President. II that assumption was ooi
gress Of It's JurIsdiction. Ho stood upon the yot
and 81 tas Of tn
than would have to remove the everlasting hill
from their foundation and cast them into the sea
. He maintained that the action Of the Returnin
q Board was not hnal 1t could not bo tinal, an
l | there was no power known to the land that coul
:. = make 1t final. 1t had been claimed that thi
power was conferred upon the Returning Boar
by decision Of the Supreme Court Of Loulsiani
, | Hut he denied that that court had ever deoide
the question as nnality, In fact the Leg
lature had never committed the question to tn
: | Supreme Court for decision.
|. The Returning Board acted only In q mnistS
rial capacity, and they had to count tho votes q
h, given In the State, and they could not 70 benin
. the face Of the returns. II they could exerois
q the power they claimed they could then put the
|, grip upon the very heart-strings .of America
" liberty. He denied, therefore, that the Return
' ing Board could by their act overturn the will
: the people. But II had also been malntrlned thn
% the Vice President was the delegated power
count the vote. He denied II. The Vice Pres
dents duties were limited, and were clearly d,
. nned by the Constitution. Both Houses are I
u make the count, and the Vice President and tn
:. tellers are simply the organs Of the two House
!. The Constitution points out the clear way out {
/; the dilemma. II the votes are not counted ther
i. has been no election, and the contingency arise
j when the House must elect the President, an
= the contingency arises when the Senate mus
" elect the Vice President.
'e Mr.. LAWRENCE, of Ohio, inquired who wa
" TO determine that there had been no election b
{; MI BRidHT said he thought he had mad
/, that clear. Then II is Ascertained by Congre,