Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-12-08
House of Representatives

WASHINGTON, d. O., Dec. 7.-Mr. Belford
offered resolution directing the secretary of
the interior to inform the House under what
warrant or authority Douglas, the chief of the
Ute tribe of Indians, is confined in military
prison at Fort Leavenworth, and what steps,
if any, have been taken TO bring him to trial
for alleged completely in the murder of Indian
Agent Meeker. Adopted.
The committees were then called for reports,
and the call having been concluded without
any reports being presented, Mr.. Bicknell
called up as question of privilege the
Senate resolution relative to oou atiue the elec-
toral vote.
Mr.. Keifer raised the point of order that the
resolution did not present question of privi-
lege. He contended that while the matter of
counting the electoral vote might be question
of privilege, the concurrent resolution pro-
posing joint rule to prescribe the mode of
counting was not. The president of the Sem
ate, in the presence of the two houses, was to
count the electoral vote.
Mr.. Bicknell cpntended that whatever related
TO the constitutional right of the two Houses
TO declare the vote was question of priv
ilege.
Mr.. Robeson--Is that contained in the
twelfth article of the constitution? MIR. Robe
son quoted the article referred to- holding that
the President of the Senate had the constitu-
tional right to count the vote.
The Speaker-Has not the action of the two
houses in appointing tellers implied as it were,
the right of the two houses to do the counting.
Mr.. Robeson-It is g constitutional question
and cannot be transcended by the appointment
of tellers.
Mr.. Springer said this body had power rela-
tive to the election of President. 1t must de-
termine when the emergency arose which was
contemplated in the constitution, when it
should act in the matter, and choose tha Presi-
dent.
Mr.. Robeson-Do i understand you to say
the House can make contingency, and then
declare it has arisen, and then elect the Presi-
dent. If that is so, the gentlemen contends
that the President of the United States is to be
elected by the Honse of Representatives.
Mr.. Springer-He is to be elected by the
House when certain contingency arises.
Mr.. Robeson-The very fact that when the
contingency arises the House has the right to
act, connected with the fact that the constitu-
tion does not give the House the power to elect,
shows that the House of Representative can
have nothing TO do with the fact of making the
contingency.
Mr.. Springer-The House is Judge of the
fact whether the contingency arises. No other
body can adjudicate upon that question of
fact. This body must determine when under
the constitution 1T must chose a President, and
the President so chosen will be President of the
United States. Continuing be called atten.
tion to the fact that Gen. Grant had been
twice counted in under joint rule, which
Joint rule had been in force until the last cleo
tion, when by bill it had been determined that
the two houses had jurisdiction over the
count, and if they had jurisdiction the present
resolution must present g privileged question.
Mr.. Lapham stated there were but two in
stances when there had been no election of
President by the people. Ia both Of these in.
stances the House of Representatives had been
Informed by a message from the President of
the Senate.
Mr.. Springer inquired whether this body
had never right to determine when the con.
tingency arose?
Mr.. Lapham-Never. Il was never designed
the House should determine when that con.
tingency arose.
Mr.. Springer-Suppose the Vice President
determines that contingency has not arisen,
must this body sit still?
Mr. Lapham-If the Vice President declsres
that the President is elected he is elected.
Mr. Springer he declares 1t con.