Year: 1877

L
Mr.. Conkling followed favoring the
bill.


Mr.. Conkling said he had carefully
reviewed the constitution, law and
prccedents in this case some time ago.
He was convinced that though there
was distinction in the meaning of
the constitution between the powers
of the senate and of the house in
counting the votes, that the president
of the senate could not count the elec-
toral vote, but that it was the duty of
the two houses II If the CONTRARY was
true, then this bill was worthless and
unconstitutional. Then every pro-
ceeding had heretofore by both hous-
es was fragrant violation of the con-
stitution. He argued that the trainers
of the constitution, 50 facile in Ian
guage that language should
be the echo of thought would
have inserted two little words if they
had intended the president of the sem
ate should count the vote. That off,
cial had simply a ministerial act to
perform, not a judicial act. The state
of Ohio had precisely the same form
VIC III lGS COuStituIlOus uuA yCb UOJl
houses of the assembly canvassed the
certificates which the president of the
|eeaate attened the counting Of votes
was asserting good from bad. IF
New York returned 45 votes they
must be made 35, if Massachusetts
voted for democratic candidate the
world knew it was wrong and it must
be righted, if one states electors vot-
ed for Julius Cesar, late of Rome, or
Henry the eighth, inquiry must be
made. He argued for the constitu-
tionality of the bill and that an Amer
lean congress was safer repository
Of power than one man. Our fore
fathers never designed one man
power.


Mr.. Conkling being unable to con-
tinue, Edmunds allowed the bill to 60
over until tomorrow.


HOUSE.


The Speaker certified his yestcr-
days ruling that Woods resolution
to refer the Presidents message to q
select committee of IL would come
up this morning as unfinished bust
ness. 1t would go back to the Speak
er's table and the select committees
resolution declaring the President of
the Senate has not and Congress has
the right to count the electoral votes,
ETC., was unfinished business.


The House then considered the res
olution above mentioned and Seelye
declared the doctrine laid down in
these resolutions were q libel OH the
letter and an entire perversion of the
spirit of the constitution.


He admitted chicanery, corruption.
fraud and cruelty had been put forth
in certain quarters to control the late
election. No honest man in his sens
es could deny it. But a wrong only
grew to be a greater wrong if it was
sought to be righted in any but a
righteous way. The question of who
should be President for the next four
years was a mere temporary question
but the question of how President
should be chosen and declared was a
permanent one. Such q question
spreads its hands through coming
time and lays its grasp on generations
yet to be heard from. The report of
the committee, on counting the cleo
toral vote, was of patriotism so lofty
and so pure that if il could only be
adopted by congress with the same
unanimiiy with which it had been
adopted by the committee, he should
regard it as glory shed on the OPEN
ing year of the nations second ccntu-
ry which no year of the previous
century could excel. He would that
Congress would pass the bill unani-
mously, and tell the world that this
great and free people, which had SO
lately shown itself SO great by SUBJ
mitting to peaceful arbitration a
threatening international dispute, had
now shown itself greater still in the
present discussion by yielding all
dispute about rights in the sole effort
to learn and follow its obligation.


Mr.. Williams of Wisconsin, favored
the President of the Senate counting
the vote.


Mr.. Tucker, of Va, made a consti-
tutional and legal argument for the
resolutions, and against the power of
the President TO count the vote. He
repudiated the idea that the House,
the direct representative Of the peo-
PACs suOuIu w COutEOilcu NY (Tea-
ton of that oligarchy, the Senate.
The word presence had mighty
meaning to him. The constitution
meant thereby supervision, a guard
ianship to defend and aid, or even
control, not merely to witness wrongs,
illegalities, and frauds, without pow
er to prevent or frustrate. If the lat
ter was the case, the presence of the
House was dumb show and q SOL
emn farce. He favored compromise
with the bill, not as representing
himself, but as essential to the peace
and happiness of the country.


Further consideration was post
poned until tomorrow.


Mr.. Cox, from the New York COM
mittee, submitted a report completely
generating postmaster James from
the charge Of tampering with Mr..
Hewitt's mail, and declared no such
tampering had occurred.


q I'M