Year: 1877




was opened by POppleton, who soor
yielded to enable Hewitt to relate
how he came in possession of thf
package produced by him yesterday
and how he had last seen IL in the DOS.
session Of the secretary of the senate
who stated that it was tho private
property of Ferry, and he proposed
as a friend of Ferry to retain it. AT.
ter good deal of cOlloquy in regard
to what had become of the paper. q
messenger from the senate came in.
to the hall and rendered the package
ITO Hewitt, who refused to receive Il,
and thereupon announced the fact to
the house. No immediate action was
taken in the matter. The young lad
who carried the package retained II
in his possession and took a seat
awaiting the decision of the house,
and the discussion proceeded.


Mr.. Hendee, in explaining the case
or Vermont, said it was only minor
form of the case in Oregon, the ex-
ception being that in Oregon Cronin
had the certificate of the governor.
while Aldrich, the person claiming to
be an electOr in the Vermont case.
had not but acted entirely on his
own motion.


Messrs. Joyce, Hendee, Dennison.
Poppleton, Monroe, Hooker, Money.
Wilson, Maish, Raymond and Levy
spoke.
Mr.. Garfield read a letter from
Gorham, secretary Of the Senate, say
ing he had put the package purport-
ing to be the second certificate, in his
pocket, as the package looked like q
private communication, but being ad-
monished that his reception of il
might be construed as reception of
it by Vice President Ferry, he took it
from his pocket and placed it on the
desk, and since that time he had NOT
seen the package.


Mr.. Hewitt remarked that the pack
age had been brought to him by a
messenger from the senate. who
would not tell from where he rcceiy-
ed it. There was no pretense or
claim that under any law the presi-
dent of the senate ought to receive the
package under the circumstances.
There is no signature or back paper
authenticating it. For aught we know
1t is another mock certificate.


If anybody has been deceived
Dy the pretense that we ought to have
the paper opened in this house, COM
ing in such roundabout, unauthor-
lied way, let all such pretenscs be
cleared away, and let them vote with
the knowledge Of the fact that the
vote for the resolution is simply q
4 -
us into anarchy.


Mr.. Stone, who was one of the tell
ers stated that he saw the secretary of
the senate throw the package under
the desk among the rubbish. He
(Stone) Immediately wrote note to
Hewitt, and he and Hewitt had a
conversation, during which he saw
the secretary of the senate take the
package from under the desk and
put it in his pocket.


Mr.. Field expressed his deep regret
that the day had been consumed in an
attempt to rcctify a mistake of the
president of the senate, a mistake
which the dignity and self-respect OF
the house compelled it to rectify. II
possible he would not go into any
question about the vote Of Vermont,
whether 1t was good or bad, or
whether the paper was OF any value.
All he knew was that question had
arisen respecting it which the presi-
dent OF the senate had assumed to de-
eide for himself. The president of the
senate had no power except to keen
order and do what had been commit
ted to him under the electoral law.
All knew that this was the very aues-
ton that lay at the foundation Of all
debates on this subjest, from the be-
ginning of the session. It has been
maintained by the republicans that
the president Of the senate could count
the votes, and on that they had STIR
red up the country, had subsidized
the press, and had procured legal
opinions, and.what had they come to
at last! The senate itself had in SOL
emn debate rcpudiated the doctrine
as not worth one moments consider
alton, and the president of the United
States, in a solemn message TO con-
gress, declared that never in the his
tory of the government had the prcsi-
dent of the senate assumed to decide
any question. That official did now
assume to decide this question, wheth-
er or not that was q return to be
opened by him. If the members of
the house consented to that, let them
look to the future. Absta priacipis
was rule of prudence aud law. The
Commons of England had gained the
liberties of the English people, which
had made the Anglo-Saxon race the
glory of the earth, by standing upon
the smallest question that concerned
their liberties. So the house Of rcp-
resentatives. should not give up one
jot or little of its rights. 1t was the
duty of the president of the senate,
with that paper before him, to SUBJ
nit the question to the two houses,
and the only remedy was to invite
him back to open the paper in the
presence Of the two houses. If there
were two returns from Vermont they
should 60 to the electoral commission.
He appealed to the members to deal
with the question not as democrats or
republicans, but as guardians of the
rights of the house in the electoral
count There was no time fixed by
law in which certificate must be
filed.


Mr.. Hoar-Is there not a source
fixed by law through which these re-
turns shall come?


Mr.. Field-It is not fixed by law.


Field continued, quoting the law
and claiming that the electoral bill
had nnllified the law requiring all
certificates to be in by the first
Wednesday in February, and declared
that this certificate ought to have
been received when Hewitt offered il
TO the President of the senate. Was
it for him to repeal it? Are the Rep
resentatives of the people to submit
to that? Are republicans to submit
to it? If you do, look for 1881. Let
this house put down its heel at once
and forever on the doctrine that the
president of the senate is anything
more than the presiding ofiicer--the
guardian Of these credentials until
they are opened, and that it is his
duty to open them and submit to the
two houses every question that shall
arise.


The question being on the rcsolu-
ton offered by POppletOn, Mr.. Knott