Year: 1877

few members in attendance. and was


addressed by Mr., Hooker (Miss), who


proceeded to argue against the power of


the President of the Senate to count the


electoral votes, and quoted precedents in


support of his view.


Mr.. Lamar (Miss.) said he understood


the opponents opposed it ON the ground


that itinvolved the delegation of the pow


er which the Constitution left in the two


houses. The fallacy was in the assump-


ton that the power claimed either for


both houses or for the Vice-President to


count the vote was a legislative act by a


legislative body could not do an act with
out having the President approve that
acuon. 1t was not legislative body in


The contemplation of the Constitution


1t was an organized body clothed with a


single function. 1t could not do a single


legislative act. 1t had but one function


ana that was to count the votes az the


Democrats contended or to witness the


count as the Republicans held. There-


lore the bill was not q delegation of legis-


iatlve authority. 1t was claimed that the


vice-President had the power to count


the votes. He admitted that for the sake


OF argument, They had to be counted in


the presence of the House and Senate


They were there to witness the vote. Did


they not have the right to refuse to wit


ness fraud? Did they not have right


to refuse TO attest what either thought


was count? And if they did refuse did


not that render the transaction nullity?


In his opinion the bill was in harmony


with the genius of the Constitution. lift
did not pass, the next President would


have to be inaugurated by method


which was exclusively advocated and


pressed by one party alone, and with a


view to single object-a method advo-


Gated by one half of the country against
the wish OF the other half, and the result


would be looked upon as the result of
fraud and force. There would have to be
either submission or resistance to it by
the people. There was no use in trying to


blink the question. The man who said


he despised the menace of civil war was
man who overlooked one of the most
important factors in all governments,
that was the content, the satisfaction, the
repose of the society for which he had
legislated, and he had got to learn the
very first lesson in the elementary book
OF practical legislation. The bill elimi-
mated the sword from the controversy
and sent it TO a tribunal whose character
guaranteed justice, right and truth in its
decision.


Mr. Foster (O) declared his belief that
Governor Hayes had received 1876 elector-
al votes and was elected, but yet he was
i'll favor of the bill He affirmed that no
count of electoral votes had ever been
made without the Intervention and direc-
ton of one or both houses. The Presi-
dent of the Senate had never even at
tempted to decide contested question
relative to the count. The Republican
party was committed by its own action
to the doctrine that the count could only
be made by the houses acting affirmative
ly on all questions of doubt. Republl-
cans who opposed this bill ignored their
past history and reversed all precedents
lie often thought that if the Senate
should elect Democrat as its presiding
officer the views ofthose who insisted on
the constitutional right of that official to
count the vote would be materially modi.
fed. He accepted and should support
the bill because he considered it a fair
mode of settling existing complications.


Mr.. Hill, (Ga.) confessed that when
this Congress assembled his mind had
been filed with apprensions for the
future of the country. These appre-
tensions had been dispelled, and had
been dispelled by the pending bill and
by the conviction which he entertained
that it would become law by an over.
whelming vote of both houses. He
supported the bill first, because in his
judgement, it was wise in its every
provision-remarkably so and third |
because it was patriotic in its every
eminently so. He predicted |
that the decision OF the high com
mission on every important question |
submitted to it would be unanimous. |
and would give peace to the country |
and satisfaction to the people. He
gave to the bill not his con-
strained support. but his hearty and
worm approval. Speaking of the
South, he said: II have been a wit
ness of the sorrows of that people and
willing sharer OF all their sufferings.
May |, therefore,, be pardoned onthis
occasion for calling the attention of
he House and of the country to the
spirit which had been manifested by
hat derided people during the entire
=? On another occasion | |
depended their manhood, their civil,
zatioB, their humanity, from what |
knew to be unjust charges. If the an
,wer then was unsatisfactory, let the
,urther answer be found in the spirit
which the people of the South have
during the last sixty days.
There is scarcely man in that couns
ry who does not believe that the
Democratic ticket was elected, and
who does not believe that all that
hey have remaining of property, of
light; of justice depends upon the in
of that ticket yet during
his whole controversy-I say it with
,ride and pleasure-the South has
but one spirit, and that
las been the spirit of forbearance, of
and of fairness. With the
chains of the usurper still on her limbs
With the greed of the stranger rifling
lcr already exhs usted Golfers with the
.rmy of the United States BOW scat.
cred throughout her borders and
tanding sentinel for the protection of
Ter robbers, the South utters to those
Who have been her despoilers and who
low threaten TO be the dispoilers of
ZACH other, but one voice, that voice
8 Peace, peace Civil war redresses
10 wrong, preserves no right if you
loubt, look here and be convinced. l