, 1877-01-25

licar his maiden spccrh IN tLe Senate. lie
eaokc briefly, etatnE Its hriief that Congress
l'as cot tue power ltself, and still css the powGr
ltn Ind Ut times felt disguised to vote for tic
bill: Int lis constitutional syruplcs prevented.
Mr.. Howe MAS the next speaker.
SARGENT.
TIE CALIFORNIA SENATOR OPPOSES THE. coM-
PROMISE.
WAsn1sa7oS, D. C., Jan. 2l.-1n tic Senate
this morning consideration Of unfinished bus-
ness, being thu Jill I'll regard 10 counting the
Electoral vote, was resumed. Mr.. Conkne,
who was entitled to tho floor, not having arris-
cd, rcccss was takcu for ten minutes.
When the Senate rcassc1nblcd, Mr. Conkltpg
not having yct arrived, Mr.. Sargent took the
tloor, and spoke tn opposition to tho bill. Tic
said he had cndcayurcd to bring his mind to M
asscnt OF the provisions Of tho bill, first, because
he desired result might bc worked out Of tho
complication satisfactory to the whole country,
ard, second, because he desired tint cqua1 and
cxact Justice shall bc done to every candidate at
tho late Presidential election, and to tr parties
whIch put those candidates forward; but he lld
not tc'icrc this bill would accomplish, any suyli
result. Tllcrc were suspicions Of unfafsncss
about the Till.
IT uArE IMPROPER TOWERS
to the trhuna, whlel, It created. II fairness was
desired, the I'LL was very unfortunate. BECAUSE
the result to bc accomplished by it depended
upon oue inau to be selected, and as yet u11-
known. The supporters Of the bill! had adj
dressed their arguments to tho two questions; /;
First, WAS tho I'LL to,stitutlonat Second, WIS It
cxpcalcnt! lie then argscl 1t WAS never in
tr,!dcd Congress slloull count The Electoral
Vote Or discriminate between tllt returns. II
tho fra1ncrs of the Constitution had intended to
lodge aty ellrll power In Congress, few wnr1s
would have made It certain. 1t was not intend
cd to lodge huch dangerous power In Congress,
bcra'sse tic two Hu,ses could themfclycs crcato
I'LL cxtgency In which tho Constitution provided
the liousc should elect II President and the sc1-
ate Vicc-rrea!lcnl. lie argued that the powcr
to rount tl,c Electoral vote Was
LODGED IN THE PRESIDENT OF THE BEsATE.
Mr. Sargent quoted at length from the Mall-
son papers, and argued that tho clausy Of the
Constitution III rerar1 to counting tho Electoral
vntc. ~ ut first ayrrcd upon BY tho Coifstitn'
tIouaI Convention. read: "Thc President vi the
Stuae shall open a1t tho ccrtilrates, and the
vute st.al! bc tueu aud there counted tu the
presence Ut the Senate nnd t!fc House of llcprc-
| scnlatlycs." It wns referred to tho culnlni.tce
~! Revision, and subsequently, sc!Nlstcd tn read,
"Thu President Of tho scuute d!.all, In prreenco
o' tho scnate antl 1lousc ot Keprcsci cita,tvr:,
uaen all tic certificates. aud lllc vote slalt then
| be ruuntets." Tic mc.nhers VI the Committee
| III kcyl.Ion argued that tie clause Us revived
aud seportcd was substantially tue sanc as that
| originally agrcvt! upUn by The Co1iYention.
All. HAMLlS,
lntcrrnptlng the scuator from California, rcnd
| 1hc return its'm the State nt Georgia IN 1901,
| mud said there was no certificate accompanying
Il; that the PAPER did nat e<Ator.n to tic Coss-
etttutiofl. and there Was nothing upnn Its ince
to show t.,at votes Ind been ca-t fur anybody,
ut tug record s1nwcd Il was counted ard no
| ubirrtton wa: made. How could It lsaye hcel.
coun,rcl snvc By tho dcttston OF tic person. IN
wt,usr custody 1t was,- MIR. Jefferson, who wns
ttcn President of tho Senate md who presided
| oycr tile julnt convenient
| Mii. EpMuSDB
satd Il tue Senator from saine would read thc
colltcHpurancous history 0f TINT event. ho would
| ecc 1t stated ttut Jefferson upcncd that paper
and handed 1t doXn to The tcllsra, who rxan'-
Ihc,l II, entered fle nunhcr nf votrs Of Hcor.
ea, mud I,tsscd It back 10 JcfEcrson, whu DE-
c4arct the State ut Georgia had Eiycn 40 taauy
so:rs, SO and 10. Thrre MAS 10 objection uni
| Hn debate.
| Mf. Sargent then resumed l1s remarks. ne
furt!scr opposed tho bill i'scat1sr It degraded the
| Supreme Court By bringing the Judges down tn
u: muddy pel a. politics, aud co'apelled thea'
| to wu.lc through It.
ltc ohicrtctt to the bill btca'ieo II !hyIted u
political party, defeated l,Y ,rdlaury fornss. to
clairt nnnthcr hearing. Tho psupsu would INT
respect the ttr is,m Ut the tribunal, which WINS
without precedent AMI without euentle1,. lilo
frEHrIEN Lie Dill dol u u tllHpFOHieEa 10 .
surrender II Republican rights.
liz lhcn referred tn the sc!crtion Of JudgcA
nf tho eupr suc cnHrt. and Askc'l What justice
WIS there IN selecting Judge representing tic
| Ninih District to represent thu tlTGu great
states uf tho lar West, which hAl Futsd
| ~ o1roslf1oN TO HIN,
alrl the nptutDn ol d maturity Ut thn people oi
th,.e State. were, Us aan,etrically opposed tn
10 eael, other. The SANG thing mlsl't bn said
IN regard to Clifford. These Judges wrrc sole
lied On account Of thctE political oEstlons, not
On ACCOUNT ot tt4ctr geographical location.
members of either House to Ecrve On tho Com
lussItn,, unu said SUPPOSE tho Senate or 1t.
Colnlnitigs should aupo!ns t!seu Republican:
ant Two Democrats, md the House should thc'
appoint tive Democrats, TIC Senate would ht
rhentctl Suppose bJth Houses siluuld ri
lassly It. appontiMx tl.v Csunssttvc, thcse wanld
lc eescn ucmuc.ats aInl ecscn Republicans
These fourteen ia.il usust sit ~ spectators
watching tic result Ut the fifteenth man, whom
ITO one knew. " COURSE .lcn Ut prouout,cct
11pf'llsllons would bc placed On that COMMITTEES
l!ey "Hnld T. PLACED there TO con
jccted to the bill BECAUSE 1t allowed po!'tlea
t;lrtv dcleuttd by thu arulAary to1.na Il
rlanlur fur s'!otl,vr ctlaner. lilo sFgued tha
Congress e.ull not <" tc1ud tho action u I'll.
an unconstitutional act, Thr pcoplo wa4!d no
resIe.t the siccisiun of tribunal without preec
cent, without sane t!ou. Tue people .wou!d Z,
beyond ths CoIii''ttec, this paft1sal! setuTn nt
Ruasu. llu did not tc.irYr ctysl war WI
Threatened. II It was, the bll! wau!I uot assss Il
speaking tor tho people ol III. stase, VII,
desired ito lnjuss:ee and ~oa!l yield to nolc, h,
objected to tue blu berausc 1t prevented tli,
grand Returaiug b,all tto,a hcarl1sz auy statu
inchts tue ltepublsvan party ut;xnt have t
maLc in regard " the Electoral yato Of Attsas
s.pp! an4 several other States: liz objected t
tile bill becausu by It tho Democratic pa1t]
yielded hut onc polnt, wlllu
THE AkFuuL1cANa YlHLpEp TWO.
Under thla Till the Houss could have the vot'
Of certain States referred to the Conlmisson. ]
WAS surrender Oh Republican rights.
| Mn. NDNuADs
aaked whether bill did nut pass tho Seuate tei