The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-02-27

CALLY DEFEATED -INTERESTING DIS
CUSTOM YESTERDAY IN THE JOINT SEES
sION-FATAL RESULT OF A SLIGHT IN
JURY-RAILRoAD CoNsOLIDATloN-AsY-
LUM BURNED-H SPEECH IN
SPRINGFIELD, &C., &C.
PENNSYLVANIA DAY IN THE HOUSE.
From Our Regular Correspondent
WASHINGTON, February 26.-This was
Pennsylvania day" in the House, but
they were a long time getting down to
work on the objection to her alleged ineli-
gibie elector. This was mainly the fault OF
the Republicans, who thought they smelled
a rat in The harmless motion OF one OF the
obstructionists that the testimony appended
to the objections be read. To have allowed
this to be done would bave taken only
fifteen minutes, whereas the objections OF
Kelly, Banks, and others from the Repuo.
lican side gave the "go-sloW" party just
the chance they wanted to call the ayes and
noes on motion to read the testimony, to
say nothing OF the time taken up in debat-
ing the necessity OF taking the ayes and noes.
Although the rising vote and the tellers
showed that the obstructionists were de-
feated, yet the ayes and noes allowed the
testimony to be read. But this vote was
not significant. 1t only showed that all
hands believed it would take 4 shorter time
to read the evidence, which was short, than
to wrangle over it. So
THE DEBATE on PENNSYLVANIA
began about noon, Judge Kelly opening In
few words, in which he styled the objec
tions to his States elector, on the ground
that Centennial commissioner was an Off
Ger, trivial. He called him nothing but IA di-
rector in quasi corporation" This view
enabled Randolph Tucker to score one on
Judge kelly's logic, as will be seen here
after. -s''...
Young Stenger, OF Chambersburg, Penn,
who framed the objections, made q sound.
legal argument in defence of his position
that Morrell, being 4 United States officer,
never was elected, and hence could not
cause vacancy by staying away. There
as failure OF the people to elect.
lie read his speech from manuscript, but
there was more "meat" in it when read
than is characteristic OF the speeches Of men
with heavier lungs. Mr.. Tucker and many
| of the lawyers gathered around him and lis
tened attentively, and the distinguished Vir-
ginian quoted him with approval.
| Mr.. Tucker, when he got the floor on his
ten minutes, criticized the phrase "trivial"
as applied to an objection, grounded upon
the Constitution, and characterized this OBJ
lection as of very grave importance. He
examined the decision OF the Commission in
the Oregon case, and cons idered it as
A MOST EXTRAORDINARY INTERPRETATION
OF the constitutional provision to say that
the incliglbility was to be tested when the
elector came to vote, and not when he was
voted for. He showed from the English
decisions that where q vote was given for
an ineligible person the vote was absolutely
nugatory, and was thrown away. In the
Pennsylvania case Morrell was appointed, if
at all, on the 7th of November an elcctor
He had previously been appointed a COM
missioner OF the Centennial by the Pres:-
dent Of the United States. The President
would have had no right to appoint him had
this been a private corporation, as Mr..
Kelly, of Pennsylvania, had said in OPEN
ING the debate. "Yes, sir" continued Mr..
Tucker, "the Centennial job! Gentlemen
said it was not unconstitutional; said it
was. Then it was constitutional to give the
President power to appoint the commits
sioner. lie did appoint him, and if he had
the power, Morrell was made an officer by
that law. You cannot get out Of it. He is
an officer under the law of the United
States welding
THE PATRONAGE OF THE GREAT CENTENNIAL
over the whole Of the voters OF Pennsyl
vania in the election in which he was a can
dldate." Mr.. Tucker went on to examine
the law of Pennsylvania, and said: " Was
Morrell duly elected when the Constitution
forbade it? Have you and I right to say
a man shall hold the Office Of elector when
the Constitution says 'Veto Il forbid it ?
Can you and !, who are sworn to support
that Constitution, make it nugatory by our
fat and call it a trivial objection to q
man to sayhe is nconstitutionally claiming
to elect President?" -
Mr.. Tucker closed by denying the right
of the House, under the oaths Of members,
to count this vote of the substitute OF man
who was never duly elected.
Mr.. Chittenden, Of New York, who has
always been considered one Of the most
liberal Republicans in the chamber, made
speech in favor Of counting Pennsylva-
MAS whole vote, but concluded with rather
remarkable admission. "I am not here"
he said, s'to apologize for the louisiana Re.
turning Board but W hen Oregon isreached
I think that honors are easy, and "-after
some intermediate remarks, he concluded
with the quotation:
.- ~ or our vices
| We may make ladders, .
If we will but tread beneath our feet
| Each deed Of shame.
Members did not seem to think it neccs-
sary to discuss 10. 80
THE LEGAL POINTS OF THE CASE H..
before the House, but used up their time in
| ~.