The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-21
HERALD WEDNESDAY FEBRUARY 1s77-TRPLE

ment OF electors, anu said the constitution
said the should appoint certain humber of clcc
tors bnt should not appoint certain class The con-
sttuton authorizes the state Of Michigan to appoint
two; eleven would be rejected, because the state
exceeded the nunner authorized by the constitution
Congress bound 10 observe It's feaIsy 10 tho con.
stnuton IL nil things, aud the provision in regard
tho qualification OF electors Just as binding ns
that regard tho number AT late stage of the de.
bate Sir. Bayard said while he would adhere 10 an
tho requirements OF the constitution he did not con-
sufficient 10 exclude the vote this eector upon
uncOnstit utonal grounds.
DErRlvIsa a STATE or HER RIGHTS.
Mr. MCMILLAN, trcp.) OF MINI, said that under the
decision or the Electoral Commission the Of tho
Michigan elector was legal; but there was another
lore the two houses OF Congress tho ecctor was
officer OF She United States The nero state
OF Representatives evidence for the two
houses OF Congress. Tho best evidence to the In
eligibility Ut tho s!ector the record OF tho court
showing his appointment OF that court
His own admission that he was such commits sioncr
must be produced. Had It como to tins that a great
political party sought 70 deprive sovereign Statc Of
her right. IN this manner Al any other time than this
such an attempt To so deprive State Of her rights
would meet with rebuke IRON the whole nation.
rEcnXycAiIiY WITHOUT MERIT.
Mr. CnRsrIAScY, (rcp.) OF Mich, said ho looked upon
the objection one OF mere technically, without
merit which, Nh should prevail, would disranchise
THIS objection was based upon no eviasnss
whatever Tho man was appointed commas
OF the Circuit Court for a single transaction twelve
thirteen years ago, and he had never acted as
commissioner since. The man himself had forgotten
all about being commissioner tho Office mad proba
bly, been oiled iour or ivo times since he had exer-
ciscd The duties thereof If the man was such COM
missioner now tho records OF the court would show
tho fact, but no effort had been made TO produce the
DANGEROUS PROPOSITION.
Mr. HERxyokD, OF West Virginia, said that such
startling propositions had fallen from the lips vi Sena
this floor yesterday and such startling opinions
had been announced by tho Electoral Commission that
Senate had told again that Congress
had no power 10 inquire as to the eligibility
gress power TO ascertain tho fact? lie
could give ms assent to any such dangerous propo
situtiou IN regard to the appointment Of electors and
argued that they were not nugaory because laws had
not been passed 10 carry them into effect.
MODIFIED RESOLUTION.
MI. ALLISON, rep.) Iowa, then MOULDED his rcsolu-
ton SO US 10 rc1d:-
a oas electors Of not rooa
Law and Is not sustained by any lawful evidenee
OF the electors Of said State the objection
SENATOR MOTIONS SPEECH
MI. MoRrON, (rep) Ind, referred 10 the action or
Electoral Commission ana said he believed that de.
cis0n law and he would not argue II here to-day.
Of State than 70 deprive them Of their suffrage by
proving that eiector hold u petty, c0ntelnpti.
bic 81, 10, ONCE which VA" the reopls q Michigan
deprive the people OF State OF their Voice upon such
pretence, would BE- fraud TOR which there was
mother justiAcation nor excuse II had not been
proven that this United States Com
missioner The hrst best proof OF that fact would
transcript OF the records OF the Court That tran
script was just as uttainabe the witness himself
The broad principle decided by the Senate yesterday In
sustaining the decision OF tho Electoral Conmis-
SION was, that was competent 70 prove 1t this
stage OF tho proceedings that ecctor ineligible
tho 7th or November last.
BENEFIT DOUBT.
Mr. STEVENSON, tdeni) OF KY, referred to The OF
General Shields: whose seat in the Senate was con-
tested, and said that Mr. Webster IN that case held
that IL necessary to have the record OF ev-
dence-ihat the admission OF General Shields that he
Senate had boen told That It sacriIcge exclude
tho vote OF eiector Was 1t saerilege 10 obey tho
fathers irrespective or party respected the consttu
tony new spirt seemed to have come over Sena-
satisfied that this man In Michigan was an Office.
and, II hO was It had bocn long ago that he
ONT stevensonl had his doubt about his holding the
office and would give tho benefit OF thar doubt
Michigan. He thought that the vote OF the eecor
should be counted Cries OF "Good!' on tho rcpubIL
Mr. sARGESr's SPEECH.
MI. SARGENT, (ren) Of Call, referred to the
Virginia and Missouri heretofore published, and said
he would not raise objection In either Of them Tho
people should not be mpeded or crippled In attaining
the acts OF 0ccr de fdcto valid far they
concerned third persons and the public,
decisions IN support Of his argument.
ssCTuEn RESOLUTION.
Mr.. WHYrK, tdcn OF Md, said he could not vote for
the resolution OF tho Senator OF Iowa stood. Ho
therefore submitted the following US substitute:
orered That while is the of the that
trust profit under the United States shall appointed An
carried its whole spirit into rigid execution yet that
the proof no. such to Justify the sxslusoa q The
Michigan. ana that his shall be counted.
THE vorK.
The substitute OF Mr. wnYrR was rejected by strict
party vote-yeas 81 nays Gas follows-
YnAs7 Ness Bailey, B.rnum Bsyara. gcgy, cockrel
s.on jones' Md: Kelly; Tsr"a@ Mccrsey. Melon
aa Maxey aerrwon MorW%oa KandSSlph Rnnsom s"uis-
N4rss-Msss,: As9n Allison, Anthony, Booth. Bout
Srasin Dawes. Dorsey, Ferry, Freinynayssn na%iin
Ian Mitchell Morrill, Morton" Paddock Patterson. Robert.
Window, and wrirh,~Sa '-0' ''' "''S"' "''''
Tho question then being the motion of Mr.. Al
Mr. MCDONALD, OF Indiana. moved to amend the first
resolution so It would read
Resolved That the objection made 70 the vote Of Daniel
tanned by amy lawful evidence.
Rejec,ed-Yeas &c, nays 3s-a strict party vote
Mr. COOPER, OF Tennessee, demanded u separate
vote on tho resolutions and the first submitted
by Mr. Allison WIS agreed TO by vote Of 40 yeas II
nays, a party vote
The second resolution wag then unanimously agreed
to-Yeas o3, nays o.
MESSAGE FROM rmH ROUSE
At quarter past hve o'clock message was received
from the House OF Representatives announcing the
action OF that body In regard 10 tho Of Crossma
the Michigan eIector
Mr. ALLISON of Iowa, moved that the Senate proceed
TO the ball OF the House OF Representatives, resume
tho count.
Tho PRESIDENT pro tenn. said the House had givon
the Senate no notice that was ready 10 receive the
body
Mi. SARGENT said no further notice was necessary.
So the motion OF Mr. Allison was agreed to, and the
Senate left Its chamber.
OBJECTION TO
Upon returning, ut ten mn ues six, the EsDKNr
pro tenn stated The senate had withdrawn from the Joint
meeting on objection submitted to the vote OF tho
State OF Nevada. The objection to tho vote OF r. NJ.
Daggett an ccctor from that State, submitted III tho
Jont meeting was then rend and also the testimony
OF Mr. Daggett taken by the Committee the Powers
and Privileges OF the House IN regard to his holding
the Office OF Clerk Of the United States Court, but
which he stated he resigned on the 9th OF November
last
Nj. JONES, OF Nevada submte resolution that tho
Of H. 81 Daggett be counted with the other votes
OF Nevada, Notwithstanding the objection made there
to- Agreed to unanimously and the Secretary directed
TO notify tho House Of Representatives OF the action Of
the Senate.
Al nunrier nast six O'clock thu Sccrefarv