Year: 1877




All this bill did was to prescribe the method
and ascertain what WIS the law and fact at that
time. It had been said this tribunal might go
behind the returns from . State Il the two
Houses Of Congress had the power to do that,
then the tribunal would also have such power;
but il the TWO Houses Of Congress had no right
to overhaul tho action Of q sovereign State
then this tribunal would have no such rights
The Committee agreed that this Presidential
contest must be settled upon the principles and
law that existed when it took place. Nothlng
could be more fair than leaving disputed ques-
tons to such tribunY. II they should be left
to the two Houses Of Congress-, IS w25
PROPOSED in the bill which passed The Senate at
the last session, the result would be to leave
them with large bodies Of men who would go
feeling. Tlis bill made no new law; it only
created Commission to decide upon the old
law.


Mr.. Edmunds read the sixth section Of the
bill, providing that nothing in tho act shall DO
held to impair or affect any right now existing
under the Constitution and laws to question by
proceeding i'll the judicial courts OF the United
States the right or title OF the persons who shall
be declared elected, or who shall claim to be
President OF Vice-Prcsidcnt OF the United States,
nany such right exists. Commenting, be said the
Committee endeavorcd to be SO careful that the
right of no man should be injured, that it pro
Y1ed th6t after all this had been gone through
%fth, and it had been declared that \ or was





date might, under the Constitution and laws,
test tho question whether such President WAS
the true OF false oue. His right to do so should
not be prejudiced by the passage Of this bill:
It had been contcnded By some gentlemen that
the Constitution committed the right Of decd-
ing who should be President OF the United
States to one or more persons OF bodies. II
that was true, it WIS fatal to this bill.
He had no doubt all Senators
could say il the Constitution did repose
%fo1 1-t1F Fo
in tho President OF the Senate, that they would
not desire better Judge than the present occu-
pant Of the chair( Ferry. but If the Constitution
had not reposed that power in the President Of
the Senate, no matter how learned and Just the
occupant Of the chair might be, it would be an
invasion OF the rights OF constitutional govern
ment to declare he had such power. The Con-
sttution carefully enumerated every power OF
the Judicial and Executive authorities OF the
Government II the trainers OF it designed to
confer such power upon the President Ut the
Senate, how unfortunate it was they did not say
so, which might have been done bJ two words.
It staggered human crcdulity to believe
the trainers Of the Constitution had thus de-
sighed to turn the President Of the Senate into
u Judge on the most critical case which could
befu1l the Republic, and should not have said SO.
II the power to open the certificates from
State implied the power to decide upon its con-
tents when opened, then the President Of the
Senate had the power to decide who va. iresi-





to DO one thing implied the power TO- do an
other. The Constitution declared Congress
should hare the power to pass auJ law to carry
into execution any power vested IN any depart
mcnt OF the Government. The Constitution
left it to the law-maaing power to carry all these
great forces into execution. .
He then read from decisions OF the Supreme
Court to show the bill WAS constitutional The
right to decide who was President did not rest
with the President of the Senate, neither did it
&rftI until A
should be passed to that effect He denied cln-
uhatically that the President OF the Senate had
always opened and counted the Electoral votes
For lust forty wears OF the Government there
tilcate was drawn into question. The bill did
not take from the President Of thu Senate or
from the House Ut Representatives any power
which the Constitution had vested in them, and
therefore Was not unconstitutional.


In conclusion, he hoped the Senators would
carefully consider whether it WIS wise by stiln-
ulating doubts in their own minds to send this
Republic, like the mountains which the poet
spoke OF, tumbling into . sea without shore,
OF whether, in the fair course OF equal laH, the
dispute should be justly settled.


Mr. Morton presented the credentials OF Will
lam Pitt Kellogg as United States Senator from
Louisiana, and asked they be read and laid on
the table. So ordered. The credentials arc
signed BY Stephen B. Packard, Governor Of
Louisiana





sented by half OF the Senate.


Mr.. Dorsey submitted q resolution instructtng
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 i'll
fabiting the Indian Territory has been diverted
to other uses, whether any debts have been in
Cured by said tribes, and what legislation IS
necessary On the subject. Agreed to.


Mr. Sherman submitted resolution instruct
lug the $ergcant-at-Arms to arrest without fur
ther orders any person who, by applause or dis
sent, in the galleries, shall interrupt the order
OF the Senate. Laid oyer by request OF Mr.
Thurman.


sion, and adjourned till Monday


HOUSE.


The consideration was resumed I the reSolu-
ticn reported from the Committee ! Privileges
relative to tic powers Of the House in counting
the Electoral yotc, and Alr. Willis spoke at
It the end of Mr.. Willis speech, the subject
was postponed to allow the House to 50 into
Committee Of the Whole on the lndian Ap-
preparation bill, pcnding which Mr.: Payne.
Chairman OF the Committee on the Electoral
Vote. gave notice that he should call up the bill
reported from the Committee on TUESDAY next
the debate to continue until "Wednesday eVcn-
iue, when lie should call for the previous ques-
ton.


without lisposfng Of the bill, the Committee
rose aud tile House adjourned-


ILLINOIS.


THE HOUSE 1SDonsEs THE ELECTORAL coMrRo-


MISE.


Special Dispatch to Tie Tribune.


SPR1xcF1E1D, ILL.,, Jan. 20.-The question Of
the count of the Electoral vote was brought up
in the House this morning by joint resolution
introduced by Mr.. Pinney, instructins our scua-
tors and requesting our Representatives in Con-
grcss to support the compromise plan Tor count
ing the Electoral vote. The RESOLUTION Is as
follows:
arreed upon and reported bill to regulate the