Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-23
News by Telegraph.


THE EE.ECTORNL COUNT.
MAsHINcrJN. d. G, Feb. ~ Mr. sher-
man having submitted a resolution that the
electoral vote of Louisiana he counted for
Hayes and Wheeler, Mr.. Herman submit
ted the following substitute
sit ~ ordered that the votes purpOrting
to be he electoral votes fer President and
Vice President, and Shich were given by
VIM. p. Kellogg and Others, claiming to be
electors for Louisiana, be not counted
the decision of the commission tn the con-
trary Notwithstanding.
The question being on the substitute Of
Herman, Maxey spoke of the electoral COM
mission being invested with the same power
a. the two Houses of Congress in canvass
ing the electoral vote, and said it was en-
trusted with the duty of deciding who
were the true electors but this duty had
not been performed. The commission was
directed to ascertain the true vote of the
state, but instead OF that they had brought
forth certificate rceklny with fraud and
offensive in the nostrils Ofoll honest people
Tho Judgment of the commission mad been
weighed in the balance and found wanting.
In conclusion he said the democratic party
counselled quiet and peaceful submission
to the decision and confidently relied upon
tuC M W bho PNpPAt hhA tHc LhtEAb1 II tuc
case.
Mr. Herman said tho Senate should not
affirm the decision which had been made by
the commission. BY the law recently
passed Congress conferred upon the cleo
toral commission all the power and authori-
ty which both Houses had to inves tiga to
and decide upon what was the true
vote. lie then spoke Of the offer OF the
democratic counsel to prove fraud IN LOuisi-
ana and that certain electors in the state
were Ineligible Commenting On the decis-
ion he said, ii q file Of soldiers should
threaten to murder the governor Of state
unless he signed the certificate Of certain
electors, and the governor yielded, under
this decision there was no power in the
two Houses Of Congress to inquire into the
matter The decision was to the effect that
there was no power in Congress to obtain
truth and smite down fraud. lie entered
his solemn protest against 1t from
higher motive than for the success of any
man or any political party. lie did not
want it To 20 to the world withUu. pro-
test that Il false and fabricated certificate
was to he counted. lie was deeply panied
that such principles should lave been
affirmed by u vote OF 5 to :.
Mr.. Thurman reviewed the organization
and action OF the returning board and said
tho canvass was illegal and that the offer to
prove it so had been made to the commits
sion and should have been accepted. In
this opinion he was fortified by the action
of both Houses of Congress four years ago
in rejecting tho vote of Louisiana. He
referred to the alleged inelgibilitv of GER
tain electors in that state, and said he could
not regard that decision in any other light
than as tho notification of the cOnstitu
tional provision on that subject. Un-
der this decision no matter by what
fraud a man might b, elected president
or vice-president, or how ineligible an
elector might be, there was no power to IN
quire into it. The vote Of an ineligible
elector must be counted and neither the
state or Congress could right the wrong
lie utterly dissented from such decision
as being destructive to republican govern
ment. The decision would have the effect
of proclamation to the dishonest return
ing boards to perpotuate whatever villainy
their interests might dictate with absolute
certainty that they would be successful.
Mr.. Sherman said the senator's Directing
knew when they voted for the bill organ
izing the commission these very questions
of taking evidence were to be submitted to
it, and they were In honor bound by its de-
ClslOH- tbt
and fought it step by step, after it passed
he made up his mind to abide by its de-
cision. These objections now from the
other side were insulting to the tribunal and
insulting to those who sustained its deci-
sion. The democrats had chosen arbitra-
ton, and tho decision was against them,
and there should be no unseenly wrangling
He further declared that the decision of the
tribunal was right as q question of law.
No man would have held, two months ago,
that Congress had right to overhaul the
returns by which the electors we're chosen.
Mr.. Morton said the electoral commission
had decided that the returning board was
properly constituted. On the other hand it
was argued that the existence Of single
vacancy destroyed the board. The commits
sion said not, upon the very best settled
principles of law. The constitution pro-
yides that the Senate shall consist of two
senator's from each state, yet vacancies
from half q dozen states will not destroy the
legal character of the Senate. The law
provides that the supreme court shall con-
sist of a certain number of judges, yet two
or three vacancies will not destroy the
legal power of the supreme court. So he
could run through the law in regard to cor
porations and special tribunals. The COM
IL was uuL competent 10
prove that certain electors were Ineligible
on the day OF the election. They decided
that upon two grounds, first because in any
point of view the proof would be imma-
terial because the substance of the eonsti-
tuition, the spirit and meaning of it. is
that the electors shall DO eligible when they
come to act-when they como to yote-and
not when elected. But the commission
decided the proof immaterial upon the other
ground, viz: if it were conceded that an
elector was ineligible upon the day he voted,
can that tact be proven to strike out his
vote? Ii it can, it is overturning the very
best settled principles of law. A man may
be ineligible to q seat in this body, be may
b3 under thirty years old, he may be
under the disabilities Of the Iith amend
ment, but if he comes here and is sworn in
and takes his seat he may afterwards be
turned out upon proof of fact. but every
vote he cast is valid. lie cited other insten-
ces to the same effect and said it would be
absurd to overturn that rule in case where
discovery is made after the vote is cast,
when it is past remedy that the electOr was |
Ineligible, and strike out his vote. If the |
commission had decided that, it would have |
oyerruled well settled principle of law. |
who, six months ago. commended for any |
such principle as that? This tribunal de- |
cided that you could not enter into proof to |
returns by the proper returning
officers of state. 1t seemed TO him if any |
principle of constitutional law was plain, |
that must be that the constitution gives to
each House the right to judge OF the election
returns and qualifications of its members,
but that power was not given regarding
electors.
After further debate, pro ct con, the two
hours allotted Tor debate having expired,
kernan's substitute was rejected and Sher-
nan $ resolution sustaining the decision of
he commission was adopted IL to %,
strict party vote in each case.
Mr.. Hamilton moved that the House be
notified that the Senate was ready to meet
hat body and proceed with the count of
Tho electoral vote agreed 10. The Senate
hen took recess until 10 Il. IN. Tomorrow
lie DEBATE IN TUE HOUSE on THE LOUISIANA
CASE.
WASHINGTON, Feb. 20.--Nlr. Grape, mem
Ter OF the Louisiana investigating COM
nittec, said the election had been inhueuc-
d and controlled by violence and intimida-
ion. While not defending the action of
he returning board, he asked. What must
ave been the condition OF q state which
cniered such n board necessary?
Mr.. Watterson said two courses ara open
o the majority: On the one hand
cutlery. ut once impOtent and
hildish on the other, without offering
eedleSs obstruction to the progress OF !
vents, an earnest. manly but temperate
rOtest against what We believe a great !
nd grieyous wrong. In nv Judgment
he latter is our clear and bOunden duty.
MIR. DantOri defended the decision of i
no commission as one which outside
party feeling would meet the ap-
rOyal Of the nhOlc American peO
lie. When Hayes Inauguration occur
I'd there was not an honest man in all the
md who would not congratulate himself in 4
ie fact that although there had been invest
ration committees in Florida, Louisiana
nd Oregon which mad found much crooked +
ess therein, among all words spoken. let h
rs written. kilograms sent. there had not !,
zen traced to the President elect, or to any :,
ember of his household. one word that :
ould bring blush of shame to the Amer i
an ieOplc. Applause. =
,ir y,nr,.n 81 cail a to |