New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-13
XLlVTH CONGRESS-2D SESSION.

REGULAR REPORT OF PROCEEDINGS.
THE SUPREME COURT As THE ARBIrER IN THE EiEc-
ToRu coNTFsr-sPEECH BY SENATOR BoorH-
REPORT OF THE COMMITTEE ON THE PRIVILEGES
OF rHE HousE--NR. FIELD ASSIGNED TO WORK.
SENATE. WASHINGTON. Jan. IL, 1871
The CHAIR laid before the Senate cOmmun,-
cation from the Secretary of War, ineosiug petition
of citizens OF Alaska received through the military CON-
mandcr OF the Department OF Columbia asking that
courts Justice be established in Alaska Ordered 10 10
Mr. GORDON Dem, Gal introduced bin to create
sinking fund for the liquidation OF the Government non
advanced TO the Central Pacific Railroad Company OF
California, the Western Pacific Railroad COMPANY anu
pursuance OF the ret OF July J. 1852, and the acts
am, ndinc the same and for the settlement OF the
caimsNf the Government on account "i sald poh"s Ho
ferred TO the Committee on Railroads.
THE ELECTION COUNT.
Mr. BOOTH ,Rep Cali called up the resolution snp-
mtted by Monday last in regard TO counting inc
vote for President and VicePresdent He sald;
One of the difficulties OF the present complication IN
regard 10 the counting of the electoral votes arises from
the fact that the plan for the election Oi sssdniav er
ent fom ours The makers 0f our Constitution uesSnea
in part to etier and RESTRAIN Inc ems Tse 70 trust
the people the mmedat5 choice ol lhcir .ng N.Y.
scns ~ selection for In M Of the most ds-
tingushed authors Of the Constitution au taa IL
was contrary spirit OF that instrument Tor an ec
Tor to dlvue his vote before the ccr'incale was ~
for the count The people Were t. De d M
meni, and the reason why, upoh we I It,o
OF choice by e aHTSd 70 ppccecd to elect n
medatey prevent the exercise 81 the hhuenSH %
foreign powers in controlling the choice Inc propiem
before MS to-day and which engrosscs the anxious au
lion of us If TO make President bul ~ ue.er
mine who has been made President under tue form OF
law whose spirit absolute, in method Wmch e% r
mands the moral support Of the American peole Ine
inpc rSr%rng the presidency place the language
of the ltOr from Yea mont 10 sign appropriation ms
Snd ccmrissions for pos masters bu II still remains he
gltterng prize Of ambition; imperial IN power ana no
ff%cNfninc save crown and title. Lawfully held and
vorthily filed. il is the highest political poStoh on
possession is dwrfcd into nsgnlcance when colnpatd
10 importance to the people EEety ouI SeS the
American peoule meet in committee OF the Nhole on he
state OF nation, and their report rendered ID tne
.yeTy political question that touches the honor progress
and webeing Of The country is considei e0,poicss'
ended the pas is reviewed the future predicted, and
nothing is too sacred 10 be qu0stiOned patriotism ana
prcndice reason inns guatou aud passion are Appealed
70 mil the whole public mind aeItated. In o;hrr re-
pubcs, in history, this KIND ~ agitation mas snahh te
very foundations Of social order ana 10 avert tIat I'LL
,er they established submitted to dynIsties pre-
cII1ng the calm OF dGsRo me o oe Of Gbe exec
i've officer is question OF foree-an occasion OF Ienou
nave seen two great historical forces come in conflict
:Tonnd the election Of President and culmnate IN
,nnfIont today is one of the results of that war.
Know that people, as body want peace 50 ,hey
taconisns may not be evoked by contested eectlQnf
We provide an advance The method OF settling Una.
Senf livery consideration OF PATRIOTISM and wisdom
quires calm deberat0n aud prudent lorpeaaST C ime
cress The patriotism love OF order ana respect 9i iW
St Inc peope can find expression memorial andpeti-
NON through public meetings and tine public press; II
can only lind organized form ana acllon mere Ile ~
precious every hour brings us nearer the hour "hen
agreement VIII be difficult or impossible or acuoh 100
late
isas clear as daylight to the eye tna plan can be
now or al any time agreed upon which viii produce
fore known result You and have convictions on the
law of the case strong the proofs of Holy Writ sena-
side are as Strongly III tHciT
opinions rs we ours; neither can enforce ms 0pinons
in the presence Of force and for the sake of
PEACE which is scarcely better than resistance IT Is rs
innraly certain now. Will be certain in fact then,
that ON the 18th Of February houses OF Congress
WI differ as to the Ggd TsSd ta nay the eTes o. the
people have nstinctyely tnncd TO tnat angt' tribunal
winch can arise IN this Government Through that
tribunal believe WI ., be devised %f
of all and reconcile the losing party, whenever that
nnd Ug in @ matter First that the President
of the Senate has the absolute right conferred by te Con
struton TO determine the validity of the votes of each
STATE Secop that the votes state he counted
without IL" nsent OF both houses OF Congress Ilrd
afrmativ of both houses There still another,
that Bse OF Representatives has the sole power to
determine the Presidential count NE resolution col,
templates that al these questions shall appear on record
a az l%'s # i9 deemed essential to the final
dc nation of either to take cOgnizance 81 all i&cts OF
OF the senate the Congress that the President of the
Senate should the votes has no significance ON this
were organized Governments, fully equipped ana IL sue
cessiul operation while tine Government created vas fn
experiment. Ii not anticipated that b. any
detect OF State Government or adninsti alton,
tie question which confront would ever al1se,
and il was not provided for. Perhaps IL I had
been anticipated II could not have been pro
yided FOR in express terms without so eXc ing
the jealousy Of States 10 embarfass the adj ptGh
The Constitution Regarding this question IN tEe Ight
of precedent and experience, recalling the fact OF e
history states rebellion, their governn Mt s
organized machinery OF revolution passing Ugh oil
lion that power determine their relation to the
General Government il vested absolutely III tie President
of the Senate in the absence of express words seems 10
me Incredible. Doe any suppose Il such prolOsl-
lion had submitted 10 the convention mat framed
the Constitution 1t would nave been seriously c0nSd-
erect my judgment this power neither ministerial
nor judicial bat political, and n the absence OF express
pruSisou in the Congress o. the United states
The resolution have offered accordingly provides that
the TIE justices shall be adopted by Congress
known to the law, but appeal 10 honor and good
TIE Senate then resumed consideration OF tie House
States.
Mr HAMLIN Rep. Me- submitted an amendment
setting forth detail Tho fees 10 he allowed to WegheIs
and gauecrS. The cndIncDt agreed 10, ana the
bI was read third time and passed.
The senate then al 80 T. on motion "i MI CONk-
LING went into Executive s"sOI, and When the doors
were ircpeDcd adjourned until Monday.