Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-01-24
FORTY.rOURTH CONGRESS.
Second Session.
CENaTr
WAsuINoroN. January %.

said when the select committee was appointed TO
consider this subject, be thought it matter OF
course 10 be able to vote for the bill reported BY
the committee, because he entertained The highest
respect for the members of the committee. II
was painful for him to dissent from the views Of
men whom he esteemed so highly, but after the
brief examination he had given the measure he
thought it WAS his duty to oppose it.
This bill was to make a court to decide case
already made up, and there were some pi DIVISIONS
in it incompatible With the constitution. Such a
law as this was an evil example, and it could not
be sustained under the constitution. Tie ques-
tions heretofore discussed had been
FIRST, Shall the president of the Senate count
the vote
Second, Can either house admit or exclude a
vote
Third, Can both houses concurrinp do SOP
Fourth, Can The ice President, decide if the
two houses disagreed
This bill presented other questions which occur
OF a more grave and serious character.
II contained four propostions:-
First, That the president of the Senate had
nothing to do but preside and open the votes.
Second, One House OF Congress cannot reject q
vote.
Third. That the two houses by concurring
vote may do so; and
Fourth, 1t provides for grand commission the
decision OF which must be final unless overruled
by the concurrlng vote of the two houses.
lie then argued that the bill was unconstitu
tonal, and be particularly disaI proved the clause
supreme Court as members of the commission.
Sherman then spoke at length as TO the power
and duties Of the commission Authorized by the
bill, and asked if it to take the returns as
certified by State officers. lfso, everybody knew
who would be President; but if this cou.miss ion
was to be allowed to 20 back OF returns, God only
knows what the result will be. 1t would depend
entirely upon lot-the chance which settles the
NTH Judge of the Supreme Court, who would be
the fifteenth member Of the commission.
MIR. Thurman said that this hill sent q the
commission all questions of law as well as
otfact. How the commission would decide no one
could tell.
Mr.. Sherman-No, sir, that depends upon
chance. Continuing his argument he said that
this oil substituted chance for the vote of elect
ors given according to law. 1t selected college
OF Cardinals, secret concave, to elect a presi
dent Why not count the electoral vote just as
1t has been counted seventy. two times during the
history of the governments
Mr.. Sherman concluded his remarks at two
o'clock, when Mr. Conkling took the floor and
spoke in favor OF the bill.
Refe. ring to the power claimed for the presi-
dent of the senate to count the votes, Mr.. Conk-
ling argued that if the trainers Of the constitution
had so intended they would nave said so. The
men who drafted that instrument were masters OF
language, and that they were so fasdous in this
last and so exact, that words should become the
echoes OF thought, that they appointed u commit
tee on style, in order that every sentence might be
scrutinized.
Mr.. Conkling denied that the power to count
the vote was vested in the president of the senate,
and spoke at great length to the intention OF the
powers of the constitution.
He asked did reason or fitness of things inform
us that our fathers intended that the power to im
tate an electoral vote on an allegation of fraud or
Irregularities, would be safer in one man than in
the two houses OF congress
Did reason suggest that our fathers would Sc
lect one man TO exercise his power who might be
the sole Judge In his own case, it had occurred
six times in the Govt.
The Chair submitted a communication from the
Secy of the Treasury, calling the attention OF
Congress TO the act of March Sd, 1876, which d.
reefs that officer to issue bonds bearing per cent
interest. TO the amount of 100000 to James b.
Eads, on account of the construction of jetties al
the South Pass of the Mi ,sissppi river. The Sec
rotary saws that he has received from the Secre-
tary of War requisitiou for the money, and he
respectfully recommends an appropriation of
SoUO,UO immediately, to pay said Esds, 1t not be-
ing wise, In the opinion of the Secy, to increase
the Interest bearing debt Of the U. 5. for the pay
ment of the current expe nses when there is money
in the treasury which be appropriated for that
pnrdose. Referred to the committee on appropri-
atoms.
Mr.. Edmunds said that on account of the indis-
position OF hi. friend from n. Y, (Conklng) who
was not able TO proceed to-day. nc would move
that the Senate 60 into executive session. but he
gave notice that he would ask the Senate to vote
on the bill tomorrow.
were appointed as members of the Conference
committee the bill TO perfect the revision of the
/ statutes.
The motion for executive session was agreed to,
aud when the doors re-opened the Senate
adjourned until ii o'clock tomorrow.
House.
Mr.. Williams Of W isconsin, quoted from Will
lis speech OF Saturday in which he compared
President Grant to Cesar Borgia, and Gen. Ru-
ger TO Ramiro and deplored the fate of the Re-
public when its defenders should become his OPP
pressors.
He (Williams) wanted to enquire whether that
was the language of a statesman or the rawlings
of maniac. Gen. Ruger was his Civilians
fellow -townsman, and knowing his sterling quail
tics as gentleman. his bravery a soldier, and
his devotion to his country. he would never set
quietly iu his seat and fail to characterize the
language comparing RugeI to Romiro, as it de-
served.
The chief magistrate of the United States had
been compared 10 Cesar Borga. He thought the
gentleman from New York (Willis) did not mean
his language in its full scope. He (Williams)
should AS soon think Of comparing heaven to a
brick yard QaughteD. The gentleman from New
York must have some pardonable vanity. He
must have wanted to gild his speech by medieval
classic quotation.
He must have used that language in the sense
an ambiious but illiterate man had used his, of
whom he (Williams) had once heard. The man
in appealing to the high Tribunal of Heaven, ad-
dressed the Loid as the "great and abomn able
God, and when called to order he said that he
meant no basphemy, but he thought that the
word had sort Of heavenly sound. daughter
lie (Wlll:smsj did not stand to defend President
Grant. He criticised some of his acts as severely
as any one, but he would tell the gentleman
flankly that Grants name would live unscathed,
unharmed aud untouched by any man. The
country would remember its defenders Though
the gentleman from New York might quote Cesar,
Borgia and Ramizo to his dying day, the names
of Grant and Ruger were emblszoned gloriously
on the escucheon Of the republic, and there would
remain when their maligners were gone and for.
gotten.
He then proceeded to argue 10 favor of the
counting OF the electoral vote by the President OF
the Senate.
Mr.. Tucker Of Virginia, made a constitutional
and legal argument in support of the resolution.
In snalyzing the constitutional provisions the
subject, he said that in the opening Ind counting
OF votes IN the subsequent stages of electoral pro-
cedure the president Of the senate, the senate and
house or representatives,, HAD functions to perform
which were now the most important to be defined
and which were the subject of this great discus
sion.
One remark he would make, and that was, tina,
wherever else the power and decision might be re-
pose it was clear that it had not been deemed safe
to m INST n yiattp nr ~. 81;