Year: 1869

Of Congress Il now pendus and Undetermined Ac there


Resolved, by the Senate House Representatives
ooncurrng that The assembling q the two houses on The
electoral votss for President and vice Fresidsnl as
Counting s
may be Of the sae Of Georgia shall not essen
the sidsh, Of the Senate following manner "A
rs'sS
they would bevoes for President &c but in either case
ner for the Vice President


This concurrent resolution, adopted by the same
legal authority that adopted the Joint rule declares
Rress that there is grave question as to whether
the State Of Georgia il entitled 20 representa-.
that therefore when the two houses shall as
semble as provided by law and the joint


y ha sn II 20 as 70 asd he so votes n re-
ported in the manner prescribed. The President Of
the Senate has complied with the rule which the two
houses have legSlated for him. and in the opinion
OF the Chair he would have been subject
to the censure OF the two houses had ne
not compiled with tae law % which those s, bodies,
his guide IN the Convention. The Chair entertained
the objection OF the gentleman from Massachusetts
because the Senate had retired on the ruling of lis
own PRESIDENT but the Chair thinks that In the sub
sequent part OF the proceedings OF the joint, Con-
vensIon the President OF the senate exactly complied
with what his oath and duty required OF him.


Mr.. BUTLER-The question as proposed by the re-
solution Is, "Resolved that the House protests that
the counting Of the vote OF Georgia by the order OF
the Vice President pro. tem was a gross act OF OPP
preston and an invasion OF the rights and privi-
leges OF the H0use.n


Mr. FARNswoRrH rise to = question or order.
desire TO know whether 1t Is not IN the power OF
the House 70 determine whether the resolution shall


Tne nV Would be the char sd ssb
mitted it 10 the House, but the Chair has decided to
receive 1t as q question Of privilege.


Mr.. ELDRIDGE-Is 1t not in order TO move that the
House win not receive as question OF privilege
Mr.; FARNswoRTH-I appeal from the decision OF


The SpEAKER-The chair declines to entertain the
appeal. because point Of order when once decided
cannot be renewed.


Mr. FARNswoRTH-I withheld my point Of order
because The Chair desired to make statement.


Mr.. BUTLER-I will now ask the privilege OF pro-
ceedlng q few moments without interruption. The
point now before us is perhaps as grave one as
ever came before any legislative body for settlement
and whatever may have been, under what we deem
gross invasion OF our privileges, the natural and
ordinary heat arising from such oppression every
where In American bosoms trust the few minutes
after the deed has been done are sufficient
to allow us to bring our minds calmly and dispas-
sonately to see exactly the merit OF the question.
And allow me 70 premise here that think this reso
lution outside OF the remarks OF the Speaker even
Il the Vice President was right In doing what he
did, yet the manner In which it was done without
rghIs and privileges or this House. Now, Mr..
Speaker, let US see exactly where we stand
The constitution OF the United States that the
President Of the Senate In convention shall count all
the votes OF the States and it Is impossible for
this House or the Senate, either conjointlv
wise to stop the operation OF that constl-
tutiona enactment as 1t IS to turn back the from
ITS course Tor as you will see we stand in this posi-
tion II the House and Senate by JOINT action be-
forehand can determine what votes sha! be counted
and what votes shall not be counted, then
the House. and Senate can determine VINO is and
who is not elected, who shall and who shall not be
President OF the United States, and although 1t
does not make any difference at this moment
yet II this House can say with the Senate that such
state shall be counted and such another shall not be-
then under q given state OF facts it is in the
at
any time to overthrow the vote, and 1t will be done.
Nay, more sir, II 1t within the power OF the House
shall be counted unless both houses and the
Senate agree together, then s IL put in the
power OF either house to determine who shall
be President OF the United States ands from
this day forth there can be election whenever the
Senate and House OF Representative are opposed to
each other. Think OF 1t III oment, gentlemen; sup
pose at the next election the House Of representa-
tves Is one way and the Senate another under that
JOINT rule II It is constitutional and operative, the
House can say, I'VE will not have the republican
votes counted" and the Senate may say, 1--WE
will not have the democratic vote counted"
ana there Is all end to Presidential elections. Now,
then, what did the constitution meanY 1t meant
that convention should come together OF the two
houses; that the House and Senate should meet in
convention. What Is meant by that conventions 1t
is claimed all the part Of the Senate that that body
sits IN convention as an independent body; and In
Difference to that claim-sclaim,n because they are
q small body and would by per capita vote be over
thrown-we have permitted, heretofore, by our
rules that all our questions sshal be determined in
separace bodies, which 1t Is clear to our mind the
Senate never intended.


The SPEAKER pro tenn. inteTupting-Wil the gen
tleman suspepd Tor o moment until order is re-
storeds


Mr.. BUTLER-I am very sorry, Mr.. Speaker that
nave spoken what gentlemen have so little care 10
hear but still must do my duty, whatever the
result.


Mr.. JONES, OF Ky.-I rise to q question OF order.
IL Is that this resolution Is not question OF priv-
lege, and that every member of the House would
have right to discuss the question.


The SPEAKER pro ten.--The speaker has already
decided that resolution to be question OF privilege
and 1t is now being entertained as such by the
House.


At the hour OF going to press the debate was being
continued, Messrs. Jones, Spalding and Farnsworth
contending that the gentleman from Massachusetts
course the Speaker pro TEN. having decided that he
should proceed.