The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1877-02-01
CONGRESSIONAL,

In the Senate, on the goth, Mr.. Morton
presented the credentials OF Willtarn Pitt Kel
logg, as United States sehasor from Louisiana
and asked that they be read and laid on the
| table. so ordered. The credentials are signed
by stephen b. Packard, Governor of Louisiana.
| Az the expiration of the morning hour on mo.
| uOn of Mr.. Edmuayis, The bill reported nv the
special eOmrnittee in regard to the count Of the
| Electoral vote was taken up, and MIR Edmunds
| MADE lengthy argument in favorof it's pc ssaqe
| which was listened to attentiyely. He Said the
kribunal TO be appointed uHdoF the bill was to
| decide the suestonb Brought before them strictly
in accord with the law itexisted on the 18th
| of November. All this bill did was to prescribe
a method and ascertain what was law and fact
at that time. Ii had been said this tribunal
| might go behind the returns from a State. II the
Two Two houses OF Congress had power to do that
but If the two houses of Congress- had no risht 90
| overhaul the action OF soverelSn State then
TINS tribunal would revc 20 such rights. The
committee sSrsed that this Presidential contest
| must be settled upon the principles and law that
! existed when il took place. Nothing could b.
more fair than leaving disputed questions to such
| aribunal. thad been contended by some gentle
men that the Constitution committed the right OF
deciding who should be President Of the United
states to one or more persons or bodies. II that
was true, It was fatal 10 this bill. The Consti-
! tuuon carefully Enumerated every power of the
JUDICIAL and executive authorities of the Govern
| ment. II the trainers of il designed to confer
! such power upon the President of the Senate
how unfortunate il was they did not say Sc, which
might have been done by two more words. 1t
| staggered human credulty to believe the trainers
OF the constitution had thus designed to turn the
| President of the Senate INTO judge on the most
| critical case which could befall the public and
should not have said so. If power to
open the certificate from a State implied
| power TO decide on its contents when opened
| then the President OF the Senate bed N9ter to
declare who was the PresidShG, but he ed
mundsl denied that power TO do one thing implied
! power 70 10 another. The Constitution declared
congress should have power to pass any law to
| carry into execution any power vested in any de-
| pdrlment of the Government; the Constitution
left it to the law making power to carry all these
great forces into execution. He then read tfo the
! decisions of the Supreme Court To chow that the
bill WAS constitutional. The Fight to decide who
was President did 30. fest with the President of
the Senate, neither did it rest with Congress ex-
ciaslvely until law should be passed to that eff
4 feet. He denied emphatically that the President
/ OF the Senate had always opened and counted
! the Electoral votes. For just forty years of
/ Government there never was an instance
where The Electoral certificate was drawn into
| question. The bill did not take from the Presi
| dent Of the Senate or House OF Representatives
any power which the Constitution had vested in
them, and therefore was not unconstitutional.
1 In conclusion he hoped Senators would
/ carefully consider whether it was wise
| by stimulating doubts in their own
minds % send this republic lie the mountains
which the poet spoke Of, etumbling in the sea
without shore, or whether in a fair course of
equal law The dispute should be justly settled
In the House the Indian appropriation bill was
]
In the Senate, on the ED, consideration
was resumed OF the bill in regard to counting
the Eluctoral vote, and Mr.. Morton took the Goor
He said the bin was the product of a moDstrers
plan. The shadow of intimidation mad entered
the Senate chamber lie believed Rutherford B.
Hayes he'd been elected President of the United
states under the forms of law and according to
law, and he should be counted in as eighteen
other Presidents had been, and iuaugurated
There would be no revolution. The ConstitlI-
ton provides that The President of the Senate |
shat IN the presence of the two houses, open all
we certificates and the vote shall then be count
ed, and if no one candidate has majority of all /
the Electors appointed the House shall imredi- !
ately proceed to elect, The rrU5ess contem- |
plated was a very simt'le oHe-simplv to open l
the certificates and count the votes but contem- |
plated no time orplace to try questions of the eli
Sollty either of the candidates of the Electors.
whether the Electors were eligible was matter |
left with the States under the Injunction of the |
Constitution. The handing down of the certifi- /
cate by the Presido1: OF the Senate was delara-
ton OF the rOte contained in it. Very few Re- /
pneliCans respect this bill. 1t will be taken by |
Republicans, If taken at all, as a dose of castor
OIL. Senator Edmands burned his ship behind /.
the bill when he denied the mower o. the Presi- |
dent of the Senate to Por,t the votes in the alb |
sence of legislation. He thus seemed to make it |
rece5safy to accept this bill. Biologists tell us |
there was period on the earth's crust when there
were skuless vertebrates; now we have got to the |
period when there are veriebrateless skulls. The |
power TO count the vote resides in the President
IN the two houses il can not be delegated TO a |
commission or 10 a court. The mere matter Of |
counting the votes is clerical, and NAV be per
formed by teller. II any question arises that |
requires judgment or discretion it can not be |
delegated to a commission. The decision Of the |
Conference Committee is binding only upon be.
Ing ratified by both houses. but the decisions OF
this Commission are binding unless reversed by
the action OF both houses. IL is, in every re-
spect, court invested with high judicial bow
ers to decide questions Of Jaw as wei as fact,
n -IrTnr IA oil ~-nt -
but to the Two houses of Congress
There Is no power to go behind the re-
turns OF the election of Electors certified by
proper returning or canvassing officers of a
State. State courts can not do it, nor
can Congress nor United States courts. II
we concede, for the sake OF argument, that the
two houses have fight TO count the votes, there
is still question lying behind that, and indie
pendent of it. and that is as to what papers the
President OF the Senate is required to open in the
presence of the two houses and hand to the
tellers. The Electors in the several States are
TO seal UP their votes and lists made up by the
Governor and enclose them to the President OF the
Senate, indersing the names of the Electors upon
the outside OF the envelope. lie is thus notified
who the Electors, or pretended Electors, are who
nave Vctcd, whOSe votes are contained in the en-
Neiope. 1t is certificate from the Electors, and
none other, that he is required to open In the
presence of the two houses. He Is not in fact re-
quired TO receive the certificates of any body but
the true Electors of a State. He is therefore re-
CURED in the discharge OF the duty of his Office
to determine and present true certificate from
the Electors of State. He is bound as an officer
of the Government Of the United States to take
notice of those who have been declared elected
by the proper authorities of the State and when
certificate comes into his hands, il is his bust
ness at once TO investigate and determine for ,
himself Whc Their il comes from the Electors of n
State. He must decide that question upon his
peril, and present the certificate to the two
houses Of Congress. Rutherford B. Hayes
ought TO be inaugurated, and must be inaugu- ,
rated, unless a bin should be passed 10 count /
him out in defiance of well known principles of ,
law. The Democratic Senators would not sup.
port this bill if il did not give them chance TO
count in Tilden bv going behind the returns At
,: 10 Mr.. Morton said he was not able to proceed
further to-day, and would therefore suspend his
Mr.. frelinghuysen, a member of the {
special committee, then took the floor
and spoke in favor of the biI......
In the House, motion 10 suspend the rules and
pass a resolution directing the Committee on
Military Affairs to inquire into the cause of the
removal of troops from the frontier, whether {
sufficient force remains there to protect il, and
the number of troops stationed at Washington, {
was defeated for want of a two-thiris vote. [
Mr.. Hunter moved to suspend the rules '
and pass the joint resolution to amend the {
Constitution by providing that no claims shall @
over be allowed or paid by the United States 9
or property used, consumed, Injured or de- I
itroyed during the late rebellion, unless it be-
onged TO persons who were loyal to the Govern n
nent. Lost-yeas, l25i nays, q; not two thirds. {
message was received from the President in [
eply 10 a resolution passed in December, re- d
Iuesting Information in regard TO the service Of
asst. &
The following is the substance Of Mr.. g
remarks, on the 22d, upon the Il
i'll 10 provide for the counting Of the Electoral S
otes: Having been appointed member Of the q
pecial Committee which framed the bill, and y
aving TO the best of his ability discharged his q
uty. he felt he could not remain silent while c
ahecting and patriotic people of the country Il
ere interested in this measure to the extent that al
ne dignity of the Government shonld be main s.
lined; that no bad precedent should he set. and h
nat the peace of society should be preserved. II II
lere ever was a time when the representatives IA
the American people should rise above party IN
reiudices and party feeling it was now and, di
itn true courage ana patriotism, they should OF
etcrmine that they would avert this peril | &c
ON the country. The duties of a faithful SEN T.
tor were always responsible, but it seemed to bs
i'm as II they now touched the highest point of or
sspans bility. At all events, Senators must do on
ler duty. whether it pleased their constituents on
not. he had no doubt that the complication Sc
hich now seemed to imperil the Government ID,
ould be adjusted by Congress and accepted by | W,