New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-20
DEBATE IN THE SENATE.

DEBATE IN THE SENATE.
THE DECISION OF THE Tribunal SUSTAINED BY A
PARTY VOTE OF Al TO 28-sPEECHrs BY MEssRs.
MAxEY, HERMAN, THURMAN. SHERMAN. MORTON,
LOGAN, WALLACE, SARGENT, WILKINS. BOUTWELL,.
STEVENSON, HOWE, AND CHRIsTiANCY.
WASHINGTON, Feb. 19.-The Senate resumed
ts session at 10 o'clock with few Senators present
In reply to a question of Mr. wthers tDcm, Val the
President pro TEN. said The House will be ready to
receive the Senate for the purpose OF resumng the count
OF the electoral vote at IL o'clock"
Mr.. wthers inquired II 1t would be In order
further recess until that hour
The President pro tem replied that it would not The
Senate having already taken from Saturday until
this morning. could not take second until another
question was raised in the joint meeting AT 1886 a. M
the President pro em announced that the Senate would
now repair to the House Of Representatives, and the
Senate. headed by its officers left the chamber.
Upon returning at 1858 p. M, the President pro
tenn. announced that the Senate, having met the
House Of Representatives for the purpose Of receiving
the decision OF the Electoral Commission regard 10 the
vote of Louisiana, and objection having been made
thereto thu two houses separated for the purpose OF
celebrating in regard to that decision. Unless some
Senator asked it, he would direct that the decision
and objections thereto be read again.
Mr.. Sherman (Rep., Ohio submitted resolution that
the decision of the Commission upon the electoral vote
Of Louisiana stand the Judgment Of tine Senate, the
Mr.. Herman (Dem., N W submitted a substitute for
the resolution of Mr.. Sherman, follows:
Orred That votes purportng be electoral votes for
President ana ycePresldent, and which given by
sheldon Morris Marks, A. b. Levisse. o H. Brewster,
and Oscar Jcroin claiming to be cector. for the state
OF louisiana be not counted the decision OF the Commits
sion to the contrary notwithstanding.
The question being on the substitute OF Mr.. Herman,
mission being invested with the power the two
houses of Congress in canyasng the electoral vote and
iuf nIifl w IN
the true electors but this duty had not been performed
Mr.. Herman Dem, n. " said the Senate should not.
and be trusted IL would not, affirm the decision which
had been made by the Commission.
MR.. THURMAN ON RETURNING BOtRps.
Mr.. Thurman Dem, Ohio said the statute of LOuisi-
ana created Returning Board consisting OF five per-
sons who to hold Office indefinitely and with powerto
iii all vacancies that might occur II devoved upon these
five men to say who should hold office In the State The
question of who should hold Office depended not uponte
will OF the people upon the will OF the Returning Beard
republican OF The State OF Louisiana,
under Constitution, had no power to create such
null and void II Its uncOnstituiiona
they not legal IN canyassng the vote OF the 7h Of
board should be composed OF five persons OF different
political parties but in fact was composed Of but four
persons all of the party ard trey steadily refused
l the vacancy. Tho duty OF that board was TO cl-
and compile the returns OF the Commissioners e;
not do so. The proof which counsel offered
before the should o nave 3ee IN h S
acon OF both houses of Congress four years ago In
jecting the vote OF Louisiana He then referred 10 the
neigbty OF certain electors in that State and said he
could regard that other than as nullcat0n or the
constitutional provision on .nat supevt b iectd
President President how Ineligible an elecloF
ncbt he there was no power TO inquire into the
Of an ineligible eector must be counted and neither the
state or Congress could right the wrong lie utterly DIS
sened from such decision as being % 1--we ~ bs
feet of proclamation to dishonest Returning boards 10
perpetuate whatever vilany their interests might dc
tate absolute
Mr.. sHERMAN's REPLY.
Mr. Sherman (ep Ohio said he was surprised at the
objections to the decision OF the Electoral Tribunal 1t
was constituted by the votes of the very gentlemen who
now objected to its finding The Senators Directing knew
when they voted for bill organizing the Commission
that these very questions OF taking evidence were to be
cson. Although he voted against the bill aud fought It
step by step after passed he made up MS nnd TO Due
by the decision Of the Tribunal These objections now
from tue other of the chamber insulting to the
Tribunal and nsulting10 those who sustained It's uec5
ION. The Democrats had chosen arbitration. The de-
cson was against them, and there should be no unseeDy
wrangng. He further declared that the decision o te
Tribunal was right, and as question OF law no man
would have held two months ago that Con
gress had the right to overhaul r, the returns
any rrht Of state it was the right to choose its
electors This right carefully guarded Dy the Coh-
The decision of q State than any man in Great Britain
or France had to good deal had been said about
inoSed upon and pointed at AS uphoders OF fraud Sup
pose thai Congress could go behind these returns; IL
wonld find murder Violence and fraud on the part OF tho
Democrats The state OF Louisiana had the right 10 pro
vide by law overriding this fraud ana IL dd 80 ny s
eturnine Board For Democrats 70 talk ABOUT lraud,
when IN was the violence and fraud OF the Democratic
party which brought this danger to the country seemed
o him wrong The Louisiana Returning Board might DC
murisoned the members might be arrested tey iniSloe
driven their graves but they mad sinpy ooeyeu te
law and Congress had no power thank GOD 10 @
the decision OF that board Tine Democrats conu cW h
forward now ana say what tey 6e re- the nyes
Satips conmtteei He argued mat it would have been
impossible for tho Commission 10 nave an t,
evidence before the 4th OF March ana TINS ,ep 10
have them take evidence looked as II II was cOntepaea
10 election Tor Presde a "a e sbe nT and
decision OF tho Commission, ana ASKED II Iese P h d
Honorable men TO be assailed tronghout .ne hu
Inv beers and assassus When all the testimony taken
Nv bnih houses of Congress in the Louisiana case snail
have been read by the people, thCy W1iu t so ' '
| decision of the Commission was Iight ana just
MP. MoRToS's DEFENSE OF THE RETURNING BOARD.
Mr. Morton (Rep, Ind) SAID the statute OF LOUISIANA
ea,,pg the Returning Board provided IN express terms
that majority of the number should constitute quorum
n o business and make the returns. The board was TO
consist of five persons TO be selected ny the senate
Three OF that by the express terms OF inc act
we're quorum to business. There were -FOUR III mum
hor unon the board, one moro than majority, Ihe
Electoral Commission had decided that tne poaru was
nropery constituted. ON the other hand was ageu
hot The exIstrnce of single vacancy destroyed the
hoard the Commission said not. upon lhe very pot ~
lied nriincjples OF law. The Constitution provides that
ne senate shal consist of Senator's from each state
yet vacancies from half "a ao@eH fh,u Senate
The law provides that the supreme court snall
consist OF q certain number OF Judges Two VI NM tS
vacancies will destroy tae legal ehatacier oi Tue
supreme Court he could run through tue law III re-
gard TO corporations and special tribunals lneio WGo
eerain commissions created for specific mlhlsterm pur
noses Sometimes the law required that the commission
should be full to enable IL to perform an aos ~. t hv
The law creating this Tribunal guards against tnat ny
sneci y providing that majority OF the hehoels sn
constitute quorum, and II tnere pe sum oy thege are
nreseut IL makes no difference from nat case tee are
absenees-whethor there are vacancies or whether
bers are wfuly absent If there be majority present
The law ia complied with Now, HI regard 10 the ens
biity OF electors Commission decided lnat WIS De
In uroyc that certain electors were lneilgDle
on the 7h Of November the day OF the eiecuo' iney
Jacided that upon two graunds, nrs DecalSe III Any
nt ~ view the proof would be immateria, because