The New York herald., 1877-01-22
SENATOR MORTONS RECORD
The Country's Prosperity Dependent on an
Early Agreement
ATTITUDE OF HAYES HOME ORGAN.
Dangers To Be Avoided by the Passage
OF the Bill.
FROM OUR SPECIAL CORRESPONDENT.

WASHINGTON, Jan. q, 1871
THE xLxCroRAL BILL-oPPosIT1oN OF PRoM1-
MEET REPUBLICAN NEUTRALITY-SUSPICIOUS.
or GOVERNOR HAYES HOME oRGAN-Ex-
TRKMIsTs OPPOSED TO ANY SETTLEMENT
THAT MAY DBTEAT THEIR CANDIDATE.
Extraordinary efforts making by Senators
Norton and Sherman and General Garfield to
enough in the Senate defeat tho Eec-
toral bill Senator Blaine. who yesterday has
been under heavy pressure to induce him
10 cast his influence against it, All tho petty and large
jealousies among republican Senators stirred up
and utilized to ioment division and disagreement
good deal of unfavorable comment has been caused
by the bitter opposition OF the Columbus State Journal
Governor Hayes organ to the bill 1t is said by prom
rent republicans TO be grave blunder of the Gov
ernor allow himself thus to appear as taxing
sides about the matter.
There is no longer any doubt that the opponents OF
tho bill Will make strong In the Senate to defeat
it, Messrs. Morton and Sherman are satd to count on
tho votes OF nearly all the Southern repub.
lican Senators to help them How far they
have succeeded in committing them is not yet known,
but the voice OF the country begins be heard very
plainly and urgently down here by Senators and Rep
resentatives OF both parties and the almost universal
demand for tho adoption OF the bill, lair and
honest settlement, has powerful effect upon
The extreme Of both sides grumble and threaten
opposition, but the moderate say that anything
Is better than war; that this bill proposes fair
way OF deciding the dispute and that Whoever
opposes Il plainly does not believe his side to
have strong enough TO hear scrutiny. 1t Is ad
mitted by who say they do not like somo of the
features of the bill that the alternative is
war; that the danger 70 tho country and Is very
grave, and that In the face of such perils II is the
duty Of mon who ovo thoir country come to an
agreement and adopt tho bill without change
Or amendment quickly possible. II is
evident that the absolute fairness of tho
proposed committee is what makes II most dis
tasteful to its opponents They cannot feel that
shcir candidate, be it Hayes Tldcn is going TO
win, aud these extreme men arr unwilling to give up
their hopes OF Office aud patronage under any
uances to leave them TO tho hazards OF tribunal
fairly constituted that they find II impossible
forecast its decision. That the main difficulty and
source of opposition now
SENATOR MoRToN's RECORD ON COUNTING THE
ELECTORAL vOTE-HIs SPEECHES IN opPo-
sITIoN TO THE AUTHORITY OF THE PREsr-
LEAVE DISPUTED POINTS TO MEMBERS OF
THE SUPREME COURT.
So long ago January, 1873, senator Morton began
10 warn tho Senate and tho people the ex-
tremo danger which would threaten tho country II
Congress did not adopt some way of counting the
electoral vote to the exclusion Of the President OF the
Senate On tho 6.h Of January ho introduced reso.
luton nstructEg tho Committee OF Privileges and Elec-
tons TO "examne and report at tho next session OF
Congress upon tho best and most practicable mode
electing tho President aud Vice President and pro.
viding tribunal TO adjust and decide all contested
questions connected herewith On tho 18th Of the
same month he madc set speech on tho subject, In
which he gave much space to showing the dangers to
the country the Vice President should be allowed
count the vote Many Of his words have a curious
application at this moment and to tho present su-
alton. He said, Tor instancc:-
Upon the hypothesis that tho President of the Sen
ate has the power to open and count the electoral
votes, and that the two houses are TO be present
merely witnesses and nave no jurisdiction over the
subject either jointly or separately, everybody must
pcrceive that It ~ and dangerous power
pose Ia the hands of one man-especially whom he
may bc ardently devoted to tho fortunes of great
party.
In the same speech hc said:-
1t Is not history of parties that they will volun-
tary surrender an advantage, though tainted with
odium ana iDJustice.
February 25, 1875, he said, still urging tho adoption
oil some "trlbunal'' for deciding disputed votcs:-
If We have no rule, whenever a vote Is opened by
the President OF tho Senate in the OF tho
two houses " mus: By counted, whatever may the
way TO prevent IT, That is the condition II You have
no rule Without rule every vote must be counted,
no matter how iasc, how fraudulent, how unlawful
II may be-.
This alternative Mr. Morton held up as a terror TO
the Senate and country pursuade them 10 pass
his bill.
In March, 1916 he still anxious that the Vice
President should not count the that he was not
unwilling TO submit the accession Of disputed election
to the supreme Court On the 10th Of March be in
fact forcshadowed precisely such a selection of su-
prcmc Court judges the present Electoral bill pro.
poses. He sad:-
think this question cannot come before the su-
preme Court judiciay ycertainly not under tho pres
ent law that we have; but Will now read the plan OF
tbc amendment that would suggest IN case the Sen
ate determines that We have the power 10 establish nn
.Tha, the judges Of tho Supreme Court Of the
United States shall assembled the chamber OF the
Supreme Court at the same time that The two houses
Congress counting the electoral votes Tor Pres'
dent aud Woo President; and IN case the TWO houses
shall Tail to agree TO which is the true ana vald re-
turn provided for In his section, the returns shall
be cdiately submitted to the said JUDGES who shall
summarily decide which Is the true ana vaid return
which return shall be counted"
Itsccms that I! we have got to refer this qucs-
ton to anybody would be more satisfactory 70 refer
Il the Supreme Court OF the United states, and II
you cannot do 1t In tho character OF the supreme Court
hcn let your special tribunal be composed OF Judges
tnat court, and let them decide H. anu decide !"
orthwith
On the 21st OF March he said again.
IL we have power 10 give outside tribunal turis-
.icon have power TO give II 10 the Supreme Court
md that would tho most satisfactory tribunal 10
which could refer so great question The people
OF tnis country would submit with more satisfaction 10
tho decision Of that body than they would 10 the de-
cision OF any one man, caro- not how wise or how
great he might be, or TO any special tribunal that wc
might In answer TO the question put by my
Trend from North Carolina, say VIC cannot confer the
jurisdiction upon the supreme Court as a supreme
court. SuI II W. nave the power 10 create special
tribunal We confer II upon the Judges OF the Su-
icuc Court because they are the Judges oil that
court
As to tho power OF the two houses in case OF con
tested vote. hc referred on March - 10 the OF
N,cniean, IN 1887 saying:-
SIMPLY rcicr to u briefly for tho purpose OF show.
ing hat Congress assumed Substantially the power
these con tested votes long ago, and nat to have