Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-12-09

soon az the gentleman and his friends
will have exhausted the discussion on
the other proposition.
Mr.. Conyer-Whys should the gentle
man wait with such an impDrtar: pub
lie measure for the the discussion OF a
political question?
Mr.. Wood am not obliged TO an.
swer that question, and / move to dis
pense with the morning hour.
This motion was defeated by the Re-
publicans, and the Speaker called COM
mittees. No bills, however, OF a public
character were reported.
Mr.. McCook, of New York. introduced
a Joint resolution authOriziI z the Presi.
dent to place U. 5. Grant on The retired
list OF the army with the rank and pay
of General, as recognition OF his
eminent services. Referred.
A Senate bill was passed with sn
amendment, removing the political
disabilities oi j. NJ. Heskill, OF Mary
land. Subsequently Copger stated that
he understood the Senate bill just pass
ed had another object than the removing
of disabilities, and asked that it be re-
tanned on the Speakers table Tor the
present So ordered.
Mr.. Buckuer, Chairman OF the Com
mittee OH Banking, introduced the io.-
lowing as a substitute for the funding
bill, and it was referred to the Commit
tee on Ways and Means:
Belt enacted, etc. First-That in lieu OF
the bonds authorized TO be issued bv
the act OF July IA, 1870, entitled, An
act to authorize the reianding oi the Ma.
tional debt and acts amendatory there
Of" the Secretary OF the Treasury is
hereby authorized 10 issue the treasury
note OF the United States in an amount
of not more than 5000 100000 in denom-
nations Of not less than $40, and bear.
ing an interest rate not exceeding per
cent. per annum, OF which said notes
not more than S60,000,000 shall mature
each wear from the date OF their issue,
and said notes shall be disposed OF by
the Secretary oil the Treasury at not less
than par, and the proceeds thereof shall
be applied 10 the payment OF . and =
per cent. .onds Ol she United States,
maturing during the year 1881, or the
Secretary may exchange said treasury
notes for said bonds on such terms as le
NAV deem most advantageous to the
United States.
Second. That the Secretary is au-
thufiZad to make suitable regulations
for disposing OF said treasury notes to
the best advantage to the Government,
and all the expenses attending the same
shall net exceed one.fouith Of one per
cent Of the notes 50 disposed OF or ex-
changed.
Third-That the sum OF Sl00,G0O,O00
OF coin in the Treasury of the United
States be set apart as 4 fund Tor the re-
demption OF notes known as legal tender
notes, aud any surplus OF coin over and
above the said sum and belonging to
the United States remaining in the
Tr, asury shall be used by the Secretary
of the Treasury in the purchase or re-
demption on account OF the sinking fund
of any said six per cent. bonds maturing
in the year 1881.
Tie House resumed the consideration
of the Senate concurrent resolution REL
alive to the electoral count.
Mr.. Willis was the first speaker. lie
argued III opposition to the theory that
the right 10 count the clectora! vote was
vested in Congress.
Mr.. Robeson said the present resoln-
ton involved the question whether the
election of President should be made
By electors appointed by the states, or
whether it should be practically lett to
an irresponsible Speaker.
Mr.. Warner-Or the Vice President.
Mr.. Robeson replied that tie gentle.
man assumed too much. IL ASSURED
the gentleman that until he laid down
his propositions the gentleman could
not guess what they were.
The present resolution declared that
Congress had the right 10 decide judi.
cialy on the quality, character and
effect OF the electoral votes. Congress
had the power to do nothing except
what the Constitution gave ii power to
do. And what was that? A legisla.
tive power. 1t was legislative, or it
was legislature organized 10
make laws, not court organized TO pro-
nounce on the operation OF the laws.
His objection to the present resolution
was that Congress had no power to act
judicially upon, to reject, or to receive
the vote of any state. 1t was violent
assumption that there resided I'm Con.
gress under the Constitution, (which
loudly omitted 20 say that Congress
should have power to count the. votes
any latent power in a convention which
excluded even the inherent legislative
power of Congress. He did not con-
tend that the Vice President, in the dis
charge OF his ministerial junction Of
opening all the certificates, had any
power to act judicialy. lie limited the
bower OF the Vice President by the
written words of the constitution itself,
Just as he limited the power Of Con-
vress. Every argument in favor OF the
right OF Congress to count the votes
was equally strong in favor oi
the right OF the Vice President
Mr.. Hunton said that ii he under
stood the proposition oi the gentleman
from New jersey. he held that neither
the two Houses Of Congress nor The
Vice President had any power over the
subject OF the electoral vote, except
mt rely 70 enumerate, add. and declare
the result. lie wished TO ask the gem
tleman 10 state how he would meet Il
difficulty oi this sort. Suppose that the
committee OF the House should report
that the electoral certificate OF
any State was a forged certiii.
cate. In that event VINO would
have power 10 pass On the question oil
forgery"
Mr.. Robeson declared it 10 be his
opinion that the Vice President, neither
by reas on OF any authority inherent IN
his Office nor given by the Constitution,
had the right 10 pronounce indicial!y on
the question of the validity or invalidi-
tv OF any vote. He also declared that
the two Houses OF Congress, in cCnven-
lion assembled. had no right to decide
at ali, either jadicislly or otherwise. lie
was willing to consider and discuss the
question whether or not there
did not reside in Congress
the power 10 provide by
law beforehand by a legislative enact
meni1 fer tribuna', which should set
tie such questions; but the gentle
man must understand that there is
limit to that power. A legislature made
laws for future operations; tie courts
and judicial authorities construed them
after they were made. Ii such con.
tinyencv shoold arise IA the gentleman
from Virginia suggested, it vas his duty
to carefully consider and II permanently