The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-01-13
FORTY-FOURTH CONGRESS
SENATE.
WASHINGTON, January IL.

WASHINGTON, January IL.
Mr.. Frelinghuysen presented petit
tion of persons representing the financial,
commercial, manufacturing and business
interests of Newark, n. j., asking that
In counting the electoral vote all party
considerations be LAID aside and pure un-
selfish patriotism guide and aid Con-
gress. The petition Was read, and, after
a brief speech by Mr.. Frelinghuysen, re-
ierred to the special committee Of seven
Ser stors appointed TO consider the Fres-
idential difficulties.
Mr.. Gordon introduced bill TO create
sinking fund for the liquidation of the
government bonds advanced to the West
ern Pacific Railroad Company and the
Central Pacific Railroad Company, of
California, and to the Union Pacific
Railroad Company, under the act of July
l, 1862, and the acts smendstory thereof,
for q settlement of the claims OF the
government in regard 10 said bonds. Re
ferred.
Mr.. Booth called up the resolution
submitted by him on Monday last, IN re-
gard to counting the electoral vote, and
spoke at length in favor thereof.
Mr.. Booth in the course of his remarks
said: II have no words OF condemnation
strong enough for men who, il this time
of supreme difficulty appeal 10 passions,
fe-ment, disorders and threaten violence.
Every consideration o! patriotism and
wisdom requires calm deliberatlon and
prudent for besrsnce. The responsible.
ty OF q solutstion is upon Congress. 1t is
rs morally certain now rs 1t will be
certain in fact on the l4th of February,
that the two houses OF Congress will diff.
fer as the legal result Of that days
proceedings. With the certainly of this
disss the eyes of the people have
instinetively turned to that august tri-
bunsl established TO decide the highest
questions of law which can arise in this
government. Through that tribunal, l
believe, settlement can be derived
which will commend itself To the sense
of justice and propriety of all, and re-
concile the losing party, whichever that
may be. There are three theories in re-
spect 10 the power and jurisdiction Oh
this matter:
First-Thst the President of the Sem
ate has the absolute right conferred
by the Constitution 10 deter
nine the validity Of the votes Of
each State,
Second-Thst the votes Of no State
can be counted without the consent of
both houses Of Congress.
Third-That the votes of no State can
be rejected without the affirmative action
OF both houses.
There is still another, that the House OF
Representatives has sole power TO deter
mine the Presidential count, which
would be most original discovery II It
were not the most unique invention in
American politics. The second and
third theories would still leave undeter-
mined the votes Oi States which
have sent double returns. and
how many votes State is enti.
tied TO that has selected ineligible
electors. He did not agree to the propO-
sition that the absolute power 70 reject
or admit the vote OF Il State was vested
in the President OF the Senate. In his
judgment this power was neither minis
ierial nor judicial, but politica., and IN
the absence e, express provision ls
vested IN the Cong 49, ot the United
states. He expressed the opinion that the
certificate Of rr;urns, wn,n regular on lls
face. makes II pTtma Jdcle case. which II
requires the affirmative acton OF both
Houses 10 oyerrule, and tbat wr'n there
are double returns the pyin,G iar,. case IS
with tnst OF the government IL To.
At the conclusiOn OF Mr. B,.,n.s re-
marks, consideration was resumed Of the
bill 10 perfect the revision OF statutes OF
the United States.
Mr.. Thurman submitted n resolution
instructing the committee on the revision
of the laws 70 inquire into the proprIety
Of providing tor the publication OF q
new edition Of the revised statutes as cor
rected and TO include the laws passed
since 1873; also Articles Of Confederation
and the Constitution Of the United
States Agreed 70.
Mr.. Paddock introduced bill 70
authorize the removal Cf the obst.uc-
tions in the channel Of the Missouri
river and to repair and protect the Ievees
a, Omaha, Plsttsmouth aud Brownsville,
Nebraska and Sioux City and Council
Blufs, Iowa. Referred.
II authorizes the Secretary Of War 70
e1pend $4,000 in removing the sand
bars and other obstructions in the chan
nei Of TIE Missouri nver, between
Brownsville, Neb, and Sioux City, Is,
aid $4,000 70 repair and propc! the
Ieyees a. Omahs. and PIsttsmouth and
Brownsville, Neb., Sioux City and
Council Bluffs, Ia
Mr.. Chaffee introdUced bill 10 sbolls b
the Use Of stoves for heating passenger
railroad cars. Referred.
Mr. Maxey submitted joint rssolu-
tion % amend the joint resolution OF
July 3, 1876, authorizing the Secretary
of War 10 issue arms 70 certain States
snd Territories, 60 a. 70 provide for the
issue OF tity bail cartridge for each arm
issued R,ferred.
Mr.. H,mlin submitted an amendment
setting forth 10 detail the fees - be 81.
lowed % weighers and gusgers. and eI'
planned that 1t uss for the purpose o'
n,skiag toe revised statute agree with
the law ss originally passed
The amendment va agreed 70 AID
The bill passed.
After executive session u Senate sd
jourued until Monday.
HOUSE.
After the call Of the committee foi
reports OF private nature he Hous'
went into Commiitee Of the Whole, with