Year: 1877

WASHINGTON, - ~ Jan. TO-


SENATE.


During the morning hour message
of the President in regard to the occupa-
ton of PETERSBURG by military on election
day was discussed. Messrs. Withers
and Morton participated,


Mr., Morton presented the credentials
OF William Pitt Kellogg as United States
Senator from louisiana and asked that
they be read and laid on the table. So
ordered. The credentials are signed by
Stephen B. Packard, Governor of Louis
ana.


Petitions favoring woman suffrage were
presented by leave of the Senate.


Mr.. Dorsey submitted resolution in
structing the Committee on Indian affairs
to.inquire whether there is any reason to
believe that any portion of the school
fund of the five tribes inhabiting the In
dian Territory has been directed to other
uses; whether any debts have been in
Cured by said tribes, and what legisla,
ton is necessary on the subject Agreed
to.


Mr. Sherman submitted resolution
instructing the Sergeant-at Arms to ar
rest without further order, any person
who, by applause or dissentin the CALLER
les, shall interrupt the order OF the
Senate. Laid over at the request of
Mr.. Thurman.


AT the expiration of the morning hour,
on motion Of Mr.. Edmunds, the bill re-
ported by the special committee in re.
gard to the count of the electoral vote
was taken up.


SENATOR EDMUND S SPEECH.


Mr.. Edmunds said that as fitting
commencement to the consideration OF
this bill, he would have read the Twelfth
Article of the Constitution of the United
States, which the bill proposed to execute.
That article having been read, Mr.. Ed
munds said Under this article OF the
Constitution some eight or ten millions
of citizens of the United States, authoriz-
ed by law to elect a Chief Magistrate in
the way prescribed in this article, had
endeavored to discharge that duty
They had expressed their preference,
and the contest was so close that it be-
came matter of serious dispute between
five millions ofpeople on one side and
five millions ofpeople on the other as to
which of their candidates had been elect
ed Congress was now brought face to
face with the question as to what means
were left for deciding this dispute. A
large part Of the people on either side
believed their candidate to have been
honestly elected, and if kept out of office
it would be great constitutional wrong
If there was any duty greater than anoth-
er devolving upon Congress, it was that
of providing some means by which, no
matter what the result might be, all men
might see that the due course OF law had
been taken. Ithad appeared to the com
mittee, charged with the enerous and un.
pleasant duty Of framing this bill, that If
the Constitution authorized them to lay
down a line of procedure which should
lead to any result through the calm, order
ly administration of the law, it would be
a beneficial act for the republic. On the
contrary if Congress should fail to do this
our posterity under this or some other
form of Government (no one could say
what) would feel that this Congress had
failed in performing great duty.


Mr.. Edmunds then referred to the la
bors of the committee, and said that op'
posing political opinions, opposing polite
al education and partisan feeling had been
subdued on both sides, and the measure
upon which they solemnly united in re-
porting, they recommend to the consld-
Grafton of the Senate. He then explain
ed the provisions of the bill. In regard
to the first section, he said his own indi-
vidual opinion was that where one return
only had been received from State, and
it was objected to, it should be reterredto
the tribunal organized by the bill. In
stead of requiring an affirmative vote OF
the two Houses to reject it, the tribunal
organized by the bill would be called
upon to determine which ofthe two con-
Aicting certificates coming from a State
was in conformity with the Constitution,
The committee thought it best that this
tribunal should consist of fifteen members
five Senators, five Representatives and
five Judges of the Supreme Court, SO as
to have it large enough to have every
possible opinion and view represented,
and at the same time leave it SO limited
in numbers that it could be capable Of
prompt action. 1t was a delicate ques-
ton to select the Judges who should be
members of the tribunal, so the commit
tee thought that to take four from various
parts of the Republic would be just
Then there was the odd number, and to
guard against prejudice in the minds of
these ten million people of the country,
the committee said these four should
choose the fifth from among their assocl-
ates. He had never observed any criti-
cism of the absolute fairness ofthis plan,
provided they could get over the consti-
tutional objections to it which these
newspaper writers and politicians had
discovered, and with which they were no
doubt familiar. The bill also provided
that the oldest judge should be the Pres
ident of the tribunal, which would be the
venerable Judge Clifford. When the
oath prescribed for members of the tri-
bunal should be taken, there would be
no more partisanship, no more enemies,
no more friends, but the solemn judg-
ment of the judge. That obligation,
when taken, would dismiss from the
minds of the Senators and Representa-
tives every consideration which clouded
their intellects or warped their judg-
ments, The tribunal was to decide upon
what had taken place, and not what
should take place. If there was any val
ue in our civil Institutions, this was the
last and final hope. There was nothing
short of the works of the Almighty which
furnished a more just text of human
rights than this bill. 1t held aloof the
scales of Justice. it gave nothing to either