National Republican., 1885-02-12
CONGRESS YESTERDAY.
Relative TO Declaration Of Election OF Prcsi-
dent aud Vice President-Promotins More |
EnlcieuL Deliveries Of Mails.


MIR. Harris and others objected, on the ground
that house bills should be taken up in their
order on the calendar.
Mr.. shcrman's motion was not agreed TO-
Mr. Laphsm moved to take up the Joint reso.
luton to refer the settlement of the Venezuelan |
awards to tho President, The senate refused |
TO tako II up.
The regular order being called for, the chair |
laid before the senate the bill TO quiet tho |
titles Of settlers on the Dcs Moincs river lands
Al ll;55 message was received announcing
that tho house of representatives would, at ~ /
o'clock, be ready TO receive the senate IN order
that in Joint convention both houses may count
the electoral vote.
| The chair announced that the concurrent
resolution providing for the joint convention
would now be executed, and nt 1897 a. m the
senators, headed by the president aud the Sec
Rotary of the senate, and preceded by the SER
| geant-at.nrms, proceeded TO the house OF rep
| rescntatiycs
AZ t25 D. M, the senators returned TO the
| senate chamber and, the president OF the body
/ having resumed the chair sthe tClers on the
| part OF the senate, Messrs lIoar and Pendle-
| ton, appeared, and on their behalf Mr.. HOar
reported the result Of the electoral count.
Wnen the tcller5' report was completed the
president OF the senate repeated verbatim the
/ closing sentence OF the announcement made
by him In the house OF representatives relat-
| ing to the declaration of the vote.
| The sentence was as follows: And the
president OF the senate makes this declaration
only as public statement In the presence OF
the two houses of congress Of the contents Of
the papers opened and read on this occasion,
and not as possessing any authority in law TO
declare any legal conclusion whatever"
Mr.. Conger said that he desired, rs one OF
the members Of the senate, to say that he en-
tirely dissented from the declaration that the
president of the senate, or the vice president,
had no other power in announcing that vote
than to announce the fact, and he did not
know by what authority the sentence quoted
had been made part of the declaration.
Mr.. Sherman said 81 also wish for myself
having put on record my opinion on this cues.
tion at other times, TO again assert and put on
record my opinion that the declaration made
was tho declaration of the gentleman who
presided on that occasion. expressing his own
opinion and should not bo taken as preCe'
dent except so far as II may command the
judgment OF mankind hereafter. / believe
that the vice president OF the United states de-
clarcd and exercised q constitutional power
when he presided over the body to-day and
counted the vote; and that his announcement
OF the vote Is the conclusive end OF all argu'
ment upon the question, and that in doing so
he not only gave his own opinion as a result
OF certain papers given to him, but he made
the only constitutional declaration, provided
for under existing law, OF who is to be prosi,
March,"
Mr.. Hoar. conceived It to be my duty as
one OF tho tellers to report " the senate only
so much of the proceedings of the two houses
as seemed to me to be the substance OF the
ascertainment and declaration OF the result.
n did not, therefore, In the report which made
communicate the variousdcclaratlon or state
ments of the presiding officer, as 1 sup
posed he understood, as has beer
stated by the senator from Ohio, Dlr. sher
man, that the declaration which has been ad
verted to, was declaration of his own under
standing of the significance Of the official act
and in no way entered into it MS giving j
authority, or as atfordlng any precedent oi
;, weight for future guidance of the representa-
tives OF tho American people In the two
!. houses except so far as the weight-and dc
+ served welght-that attaches to the opinion o
so eminent q constitutional lawyer may I'm
press them hereafter.
/. Mr. ingalls,. Without entering upon the dis
|. cusslon Of u question that is and probabl!
always must remain an open one, wish o.
a., this occasion to express my dissent, absolutely
the conclusions contained in the declara
u, the president pro tempore of the senate
o : say that in my judgment, IL should no
the action of that officer, or of this body, upoi
similar occasions hereafter.
Discussion upon this subject was prolonged
by McBsrs. Wilson, Laphanl, and HOar.
A. The president of the senate (A1r. Edmunds
T. said "The chair begs leave to state, with tn
- indulgence Of the senate, that the senate, II
sponsibe for the declaration that the pres
dent Of the senate made on the occasion re
:, ferred to. Neither the senate Of the Unite
u States nor the house OF representatives la
conferred any authority upon the president O
30 the senate to "maken anything. There Is II
20 law within the knowledge Of the president {
l0 the senate that provides for tho p-oceedin
W OF to-day except the constitution. The pres
W dent OF the senate was of opinion, and still
M that u concurrent resolution Is not law, an
Do If the concurrent resolution providing for tn
DO occasion had contained any direction OF th
% president OF the senate that was lncOnslster
DO with his views of constitutional duty he wOul
have been bound to disregard IL, or prefcrabl
so (as he certainly would do, would have Tesignc
DO his office and allowed the senate freely [
30 elect some gentleman whose opinion coin
M cided with that, Of the majority. so that nt
" gentleman need feel bound, as by precedcn
by anything that the vice president said. III
was doing constitutional duty In openin
n. and reading certificates, and making maniies
II. what they contained, and he stated on III
ry own responsibility, and on that OF nObOd
40 else, the negation ofan implication that migl
2, n have arisen irom q different statement OF th
,v ,1 result. That is all.
y Mr.. Ingalls, offered the following resoll
tion:
Rcsolred, That the senate does not assent {
the concluding declaration of the presidcr
Of the senate In the announcement OF the yo
for president and vice president of the Unite
States made In the presence of the two hous,
of congress tins day.
Mr.. Bayard. Let that so over till tomorrow
The resolution went over accordingly,
Mr.. Hoar offered the following: "Wherea
The Senate having met the house of repr
sentatives in accordance with the ilnh secllc
ton Of Fl Pfesdent re e and Vice Presdent @ of III
United States and the electoral votes havli
as been opened by the president of, the senate
the presence of the two houses of congress NJ
r. counted by the tellers appointed on the part
,r. the two houses;
x. And II appearing that the whole number
q electors appointed TO vote for President al
N, Vice President of the United States is 4Ol,
:, which majority Is 2Ol
Sc sc "And IL further appearing that Grover Clev
w. land, of New York, had received DO votes {
- President of the United states, and tn
ceiyed 2l9 votes for Vice President Of Il
United States, which is a majority of the vot
of the whole number of electors appointed, al
the same having been duly declared by I!
president of the senate in the presence of Il
two houses therefore,
Resoiued That the senate is of opinion tn
the constitution and laws have been duly eS
cutod, and that no further declaration of tho
IN facts Is necessary.
'h Mr. Conger and Mr., ingalls,. Let that star
over till tomorrow.
IL went over accordingly,
The senate resumed consideration of the bl
to repeal the pre-emption and timber cultu
laws, upon which debate was tndulged in
Mcssrs. Harrison Morgan, Plumb, Slater, AZ
80 Others but without reaching conclusiC
00 upon this measure, the senate lat 400 p. m
~ went into executive session, and when lat 90
29 the doors were reopened the senate adjOurne
DO In the house, on motion of Mr.. Keller, tn
20 clerk of the house was directed to inform I'll
senate that at II o'clock the house would |
20 prepared to receive that body, in coniormit
80 tlOn relating to the counting of the clector
votes for president and vice president.
The house then proceeded 70 the considers
tion Of business under the special rule,
Alta few moments before II o'clock leglsl
tive business was suspended.
m The speaker pro tenn. requested the men
w bors to clear the first two rows Of seats for I'll
ia accommodation of senators
~ AT precisely H. the senate of the Unite
States was announced, and headed by NJ
n Edmunds and the officers of that body, Il
senators filed I'm and took the seats assisne
them, the president Of the senate se0tit
Z, himself AZ III Q speakers desk to the rlgl
of Acting Speaker Blackburn.
Amer the completion of the count of III
electoral votes the senate (lt l2O p, nj wit
drew and returned 20 ITS chamber, and tl
house took recess lor fifteen minutes.
. On the house being called TO order NJ
- Keiler offered II resolution recltug the resu