Marshall County Republican., 1877-02-01


'e taken by Repubiicans, if taken at ALL as dose
VI castor oil Senator Edmunds burned his ships |
,ehind him when he denied the power OF the |
President Of the Senate TO count the votes in the
absence of legislation. He thus seemed 10 |
make it necessity to accept this bill. |
Mr. M0rton's chief objection to the bill was that II
rave the commission power to go behind the |
returns, and ascertain alone what electors |
we're duly appointed which he held to be unconsti-
utional, and regarded, besides, a change of the I
Existing status in favor of the Democrats. Mr. /
Frelinghuysen followed Mr.. Morton in a written |
speech favor of the bill. He argued in favor of
The constitutiOnslity Of the measure, and denied !
mat II gave the commission power to go osck on
ihe papers submitted to see how returning boards
performed their duties. After Mr.. Frelinghuyseu
took his seat nobody rose 10 speak. MIR. Ed
munds wanted to push the bill to third read
ing, as no amendments were offered Mr..
sherman pleaded for delay. Mr.. Mitchell
moved to adjourn, and il was voted down. Mr..
explained the necessity Of prompt
decision for against the bill. Mr.. Sherman
wanted the members of the committee to give
their views upon it. Dir. Thurman explained
should now make themselves heard.
Mr.. Cameron made brief speech against the
bill, denouncing 1t "a Democratic affair, got
ten up by three or four Republicans to
finally consented te let the bill go over.
Rotssc.-Nr. Frye introduced a bill for the trial
of contested elections for the Offices of President
and Vice President. II provides that an election
may be contested by any eligible person who Las
received the vote for President, and that the court
for the trial of such contested election
shall consist of the Chief Justice of the Supreme
Court and six Judges of the Circuit District
Courts, to be selected by the Chief Justice. Bills
were also introduced by Mr.. Caplheld to regulate
the disposition of troops in the District OF Column
bia, and by Mr.. Say.er to reform the civil service.
TUESDAY, Jan. 23.-Senate.- Senate re-
sumed consideration Of the bill In regard to count
Ing the electoral vote, and Mr.. Sherman spoke In
.fr,fr.l
dissent from the views of men whom he esteemed
30 highly but after the brief examination he had
given the measure he thought it was his duty to op
pcse it. The bill was to make
court to decide a case already made up,
and there provisions in II incompatible
with the constitution Such law as this was an
evil example, aud IL could not be sustained under
the constitution. Mr.. Sherman argued that the
bill was unconstitutional, and be particularly op-
posed the clause providing for the selection OF five
Judges OF the supreme Court as members of the
commission. He also opposed the measure because
Il undertook to delegate powers conferred upon
Congress to commission. argued
that the bill intended 10 Apply to a case past
ended aud concluded, which was therefore uncon-
stitutional. Another feature of the bill which
violated the spirit Of the constitution that
authorizing the appointment of a committee of ave
members of each house y members of q commits.
sion, not to take dispositions and report as other
committees, but to be beyond the control of the
only one feature of the BILL and that that
neither house had the right to reject the electoral
vote of a State. Mr. Sherman was followed by
Mr.. Conkling in n two hours speech in favor Of
the bill. Mr.. Conkling contended that IL was the
right and duty of Congress to ascertain and verify
the electoral votes and declare the true result Of
Presidential elections, else, By assertion Of
the law-making power, to declare how those acts
should be oone. He denied that the power to
count the votes vested in the President Of the
Ser ate, and said If the constitution gave all the
power to one man, ii was not easy to now Con-
gress could witness verify the act. 10 open
certificates was purely q ministerial act, but to
count the votes was something more. The good
certificates must be assorted from the bad ones. Mr..
Co king spoke at some Iength as TO the constitu-
tiopalty Of the bill, and asked, did not reason
and fitness of things inform the senate that
fathers intended that the power to vitiate, ou the
allegation OF fraud or irreguarity. the electoral
vote Of State, and thus turn an election. should
not be reposed in one man7 They knew 1t would
be safer reposed in the American Congress- 1t was
not designed TO commtthis vast power to one man,
especially as that man might be the sole Judge in
his own case. Mr. Conkling was unable, on ac-
count OF Illness TO conclude his remarks and fur
ther consideration of the bill was postponed one
day.
House.-The President sent to the House NEE
sage explaining his reasons for sending troops to
the South just before the recent Presidential cleo
ton II was done response TO q resolution
adopted in December last. The resolutions re-
port, by the :, lect Committee ON Privileges de-
cariug that the President Of the Senate has not
and that Congress has, the right TO count and
declare the electoral votes, were taken up
Prof. Seelye secured the foor and delivered
strong speech in support of the Compromise bill
He denounced the report OF the Committee on
Privileges. and warned the House not to indorre
doctrine which, he claimed, would result In max
ing the President the creature and the tool of the
House. Az to the methods of the last election and
tee timony taken by both parties in the South
ern committees, Prof. Seelye said that the only
thing that Is established beyond dispute il. that
both parties acted as wrongfully they could re-
strained by no conscience, by no Of honor or
recttude- Mr.. williams of Wisconsin argue 4 In
favor of the counting Of the electoral vote by the
President OF the Senate. He was followed by Mr..
Tucker, of Virginia in three hours' speech in IA
vor Of the Compromise bill. Mr. Buttz was admit
ted As a member from South Carolina aud took the
iron-clad oath.
"WEDNESDAY, Jan. 24.-iSsndte. -Considera-
ton of the bill in regard to the electoral count wa.
resumed. Mr.. Conklng, who was entitled 10 The
floor, not being present, Mr. Sargent took the noor
aad spoke in opposition to the bill He said he did
not believe the measure would accomplish the re
suit aimed at. There were suspicious Of unfair.
ness about IL; IL gave improper powers to the tri
bunnl which IL created. He argued that the fran.
ers CT the constitution never intended to delegate
to Congress the power to count the electoral vote
discriminate between the returns; that function
he claimed, was lodged in the President of the SEN
ale. Mr.. Sargent further opposed the bill because
a. he claimed. IL depraved the Supreme Court by
bringing the judges down into the muddy pool OF
politics, and compelled them TO wade through IT.
~ the conclusion of Mr.. Sargents speech. Mr. Conk
argued that i'm instance had President of the
senate attempted TO do anything IN presiding over
the joint convention 20 count the electoral vote
except by command of the two houses aud cited
precedents and authorities 10 susi ain hi,
position Referring to Mr.. Morton's assertion tha
the bill was political contrivance he said IL there
ever was "contrivznce' II was the bill which passed
at the last session 1t Was "a political Heil-g
paved aud honeycombed with dynamite" Mr.
Conkling said he believed Gov. Hayes had beer
eected but he asked him to take title 10 the
N coftld nstaa 70 st.f.
bill was a compromise of truth, of Law, or OF
right, he was against IL but lie denied that 4,
was any compromise, and, above all, IL did no,
compromise right principe or constitution
To contest claim not TO compromise it.
To insist upon an honest, fair counting of the
electoral vote Was not a compromise. A Presi-
den ial election had occurred, aud unless there was
ue somebody had been chosen. TO establish
that Isct was no compromise. Mr.. ConklinQ wa.
followed oy Mr. Morton In vigorous speech iu
opposition IN the b II. Messrs. Bayarf Chris
tancy, thurman. Stevenson and Morrill, all spoke
IN favor OF the measure. and sir. Morton again
secured the floor. and at O'Clock a. M, began hi.
tniru speech against the bill. At the conclusion
OF his remarks Mr.. blaine secured the recoo-
milton OF the presiding officer, and spoke
In opposition 10 the bill. He did not believe Con
gre-s possessed the powers which IL was proposed
to transfer 10 the commission, aud Therefore on
posed II on constitutional grounds In concIusion
he urged upon Congress TO prepare at the present
session and submit TO an expectant people consti-
tutional amendment which would relieve the co,,n.
Try IN future from similar difficulties Mr. Howe
succeeded Mr.. Blaine at 2:0S oclock in the morn.
ing the Senate by large majority having r. reat.
ediy voted down motions to adjouru), aud IL gan
py denouncing Mr.. Mortons inemperate asper.
sions. He expressed the hope that the measure
would receive unanimous vote from the RepubIi-
can party in the TWO houses.
Hous.-Consideration was resumed OF The reso.
lutions reported by the Committee on Privileges.
and Mr.. McDnl, Of Iowa, took the floor. and
spoke In favor of the resolutions submitted by the
minority Of the committee. He said IL the promo
siton OF the majority true, that no vote could
DC counted without the consent Of the House IN
would give the House practical veto power over
every election by the people. He was followed
oy Mr. Bright, who took the opposite ground He
maintained that the constitution gave Congress con.
troll Of the whole subject, aud that no Returning
boara con'd oust CONGRESS OK its jurisdiction.
Mr. Payne, from the Committee ON Banking and
Currency reported bill 10 amend existing laws In
regard to National gold ban rks Mr. Lamar. from,
the Pacific railroad committee reported lack favor.
ably the Senate bill extending ears the n 10
forthe completion OF the Northern Pacific ralIoad
Mr. Lamar also, from the same committee rrporte a
supple meniary 20 and amendatory Of the re xas
Pacific Railroad bill Of March 3, 1871 Mr. Kassou
made u minority report and Mr.. Landers offered q
substitute. All were ordered printed and r, ferred
70 the committee Of the whole the state of the
Union. The message of the President in reg ,rd
TO the use of troops in the South AZ the late election
was after spirited partisan debate, referred 10
select committee of eleven to inquire whether there
had been an exercise of authority not warranted
by the constitution and laws In tho use of troops
for which the President Is justly responsible with
power to send for persons a3d parties.
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