Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1886-02-02
WRTY-NINTH CONGRESS-.
First Session,
SENATE.
WASHINGTON. Feb. /

ex- Union soldiers shall not be required "a
submit to the civil service an examination
before an appointment TO any position EN-
braced 10 the civil service.
A resolution offered by Mr. Mitchell of
Oregon, vas agreed to, directing the secre-
tary OF the treasury to inform the Senate
whether Alfred b. Mescham. late superin-
tendent OF Indian affairs for the state of Ore
gon, was at any time declared defaulter on
his official bond as such superintendent
The Senate then going to the calendar took
up and passed the bill providing for a d.
vision OF part OF the Sioux reservation in
Dakota and the REIMBURSEMENT of the Indian
title to the remainder.
The next measure on the calendar was
Mr.. Morgan's resolution relating to the ap-
pointment of officers OF the United States A.
trustees provided for by the recent Utah bill
TO participate with the officers of the Nor
mon church in the management of the af-
falrs OF that church. The resolution ex-
press the sense of the Senate to be that 1t is
not IN the power of Congress to appoint of
ncers by whatever name called, who, in
the name or on behalf of the United States,
should be required to participate with the
onicers OF any religious sect, church or So
clety IN Joint conduct of spiritual or temporal
affairs of such sect, church or society and
that it is practically violation of the con-
sttution of the United States for the Pres
ident to appoint such trustees under any law
which assumed to empower him to do so.
At two o'clock the electoral count displaced
Mr.. Morgan's resolution, which thereupon
went over.
Mr. Hoar then moved the amendments
heretofore published as intended to be Ero-
posed by him. This bill, Mr.. Hoar said, was
the result of more than twelve years discus
sion in the Senate and had passed that body
three times. The arguments against the bill
proceeded on the idea that it attempted TO
amend the constitution. 1t didn't do that.
There were two things Mr.. Hoar supposed
were fixed for the present generation. First,
that the president of the Senate was no. en-
trusted with exclusive power to count the
presidential vote, and second, that that power
was not vested exclusively in the House of
Representatives. The reading of all litera
ture of the subject in debate and the pro-
ceedings or framing of the constitution and in
every other attainable form confirmed this
view of the subject. The president of the
Senate would sometimes be himself candi-
date for the presidency, so if in such = case
if he were entrusted with the power referred
to he would become judge in his own case.
Taking that as practically determined Mr..
Hoar thought we could also conclude that the
power did not rest in the House of Repre-
sentatives it would not be denied but when the
official function, privilege or duty was lodged
in a public body that body was never the
judge of the contingency in which it was to
exercise that function. If the president OF
the Senate had no power in the beginning to
exercise the function of counting the vote he
didn't have it now. Mr.. Hoar did not pro-
pose to go over the arguments for the hun
dredth time, but he would say
that the constitution had entrusted
this great power to two bodies corporate.
OF all the schemes ever suggested for dealing
with the subject, Mr.. Hoar said, the scheme
proposed by tho Senator from Ohio (Sher-
mani was the worst. Mr.. Hoar was dis
posed personally to favor the selection OF
the senior Judge of the United States supreme
court as arbter in case of the disagreement
of the two Houses, but he supposed the con-
sent of this generation would not be given to
mingling the functions of judicial office with
the functions referred to the arbiter which
would be selected by Sherman's amendment
and would be composed of about two eager
political partisans, men whose future and
whose success in life might be intimately in
volyed in their decisions. 1t would be a
body in which individual responsibility would
be wholly lost body with no character of
its own to sustain. When committed to the
Senate members on either side of that body
might be trusted to do their duty; also with
the House of Representatives. but when COM
mitted to a body composed of both Houses
a BODY having continuity of existance; one
that came into existence and expired with
OCCASION the responsibility would be lost.
The present bill, Mr.. Hoar continued, did
not pretend to provide an arbter but to re-
duce the number of cases in which difference
could arise between the two houses. There
was no case that had arisen since the begin
ing of the government that would not be
covered by the bill before the Senate
with his (Hoar's) amendment added. 1t
would require a count of the vote of every
State except where there were two sets of
returns. Two sets of returns implied do
mestic violence in State and in such case
Mr.. Hoar thought we might as we'll hesitate
before counting the vote of such State and
we might most safely decline to cou Mt it.
Mr.. Sherman said whatever we did in.
volyed more or less danger. The amend
ment submitted by Mr.. Hoar involved it.
snecial danger 1t would make the governor
of State Judge of which set of returns were
the lawful set in case there were two sets
The governor would naturally belong to one
or the other of the opposing parties in the
State controversy. This was jumping ou
the irving pan into the fire. Mr.. Sherman
would prefer to recommit the bill to the com
mittee than have it forced on now. HI
would prefer to place the sbitrament in tbs
hands of the United States courts, objectiona
ble as that course might be, than to leave tbs
ouestion where it would be left by the bill.
| Mr.. ingalls, obtained the floor but Mr.
Hoar and Mr.. Sherman continued their dis
cussion and created some merriment by th
esgerness with which each interposed to re
ply to points made by the other before the
points had been fully made.
MIR. ingalls, expressed his amazement a
the suggestion that this bill was as perfect a
the Senate could make it. He moved Its re
committal to the committee on the Judiciary
and in doing so called attention TO the fac
that the recently passed presidential success
sion bill had hardly been passed when it wa
discovered to be defective in at least on
most important respect, namely, that in tn
contingency that the president and vice pres
ident elect should die before inauguration
into office the presidency would be held b.
the outgoing secretary of state.
Mr.. Hoar denied that the presidential sue
cess.ion bill when passed contained any de
feet that had not been called to the attentio
of the judiciary committee and that woul
have affected the vote of any senator.
After further debate Mr. Evarts obtaine
the floor, but gave way for motion by MI
Hosr that the Senate 60 into executive SCI
.;on. The motion being agreed to the Ser