Year: 1877

Dy Jefferson, by Adams, by Madison, by
Monroe, without dissent in their day.
~ anyone wishes n better Constitution
OF better Interpretation of IL, / say God.
speed to him. / am satisfied with the
old law, and / must vote to adhere to the
Constitution of our forefathers as they
understood it. We are constantly hear
ing kilograms from merchants, bankers,
ETC., read in favor of this bill. | have
the highest respect for these men. The
Great Master OF mankind, through His
long mission, never said word against
merchants, as such; never said word
against bankers, as such; but He found
them one day in Gods temple, making
merchandise there and making money
for profit, and He made scOurge OF
small cords and whipped them out.
That is what is the matter. / may not
hold to all that the Master taught, but
shall adhere in that respect, il in no
other of His sayings and doings.


Gen. Garfield, of Ohio, opposed the
bill. lie said he desired in the outset to
say some good things of the bill. Ithad
some great merits which he most sim
cerely recognized. 1t was intended to
abate strife in a great and trying crisis
Of the nation. 1t was intended to aid in
tiding over the great present difficulty,
possibly a great public danger. II
would doubtless bring aresult and would
leave the person declared to be the elect
of the nation with a more undisputed
title than perhaps under any other
method as yet suggested. If he had to
speak of the bill only as a partisan, he
should say he was not afraid of its oper-
alton. The eminent gentleman who
would compose the commission (emi-
nent for their character and ability)
were men who he believed would seek
to do justice and would do it. Believ-
ing, as he did, that Rutherford B. HAYES
had been honestly elected President he
should confidently expect that an honest
and fair commission, as doubtless this
would be, would find that to be the fact
But it might find otherwise, and if it
did, all good men everywhere would
submit to the result. He had heard to.
day threat of civil war. The Roman
Senate had never deliberated under
threat of the presence of war, and if he
was convinced that civil war was threat
ened he would be furnished with the
highest and supremest reason why the
American Congress ought not to do any
thing under such compulsion as threat.
With all his soul he despiscd the threat
of civil war, come from what quarter or
party it might. Brave men and brave
nations would do nothing on such com
pulsion. Rut if this bill were 20 be op-
posed it should be opposed for reasons
so broad and so weighty as to overcome
all that had been said in its favor and all
advantages which he admitted would
follow its passage. He didn't wish to
diminish the stature of his enemy. He
didn't wish to undervalue points of
strength in great bill before he ques-
toned its propriety. 1t was not enough
for him that the bill would tide the
present danger, however great. They
should for q moment forget Hayes and
Tilden; forget Republican and Demo
crat; forget their own day and their own
generation, and inquire what the thing
which they were about to do would ac-
complish as to the future of the Repub-
lie, and in what shape this bill, if
passed, would leave the institutions of
the country and transmit them to history
1t would be unworthy of them, for
the sake of avoiding the present
danger, to inaugurate danger for
those who come after. He argued in
support of the theory that it was the
right of the President of the Senate to
count and declare the electoral votes.
As illustrative of his argument, he cited
the fact that in thirty-one States of the
Union the opening and publishing of the
votes for Governor is ministerial act,
and put in the hands of designated exec
utive officers, while in only seven States
the Legislature was n canvassing and
returning board.


Mr.. Hoar remarked that in all the
thirteen States the two houses of the
Legislature counted the votes.


Mr.. Garfield replied that in majority
of the original thirteen States the Legis-
lature elected the Governor.


Mr.. Garfield proceeded with his con-
stitutional argument. He declared that
his first arraignment of the bill was, that
what the fathers 81 carefully kept from
Congress this bill proposed to give to it.
If this bill passed, the constitutional pro-
vision on the subject was forever gone,
and Congress would become a grand ma
tional returning board from this day
forward until the people destroyed it in
Its turn. 1t would make Congress a re-
turning board, with ali the vices and
none of the excuses of the returning
boards of States. Another objection to
the bill was that the members of this
commission were not to be appointed by
the President and confirmed by the Sen
ate, but were to be appointed by the two
houses, which was at variance with the
Constitution. Another objection to it
was that it empowered these official per-
sonages to take whatever jurisdiction
they were entitled to have. In other
words, they were invited to go into the
field of the Constitution and the laws to
browse at will, to construe them for
themselves, and to take whatever powers
suited them. Another objection to the bill
was that 1t would be in the power of the
commission, and of the two houses, to
prevent any result whatever. If one
party were not satisfied with the result
reached in regard to Florida it might re-
sort to objections, to debate, to the sep
aration of the two houses until the time
was passed when "the votes shall then
be counted" There would be no "thenr
left.


Mr.. Hoar asked whether there was any
more likelihood of the two houses refus
ing to discharge their duty than there
was of the President of the Senate refus
ing to discharge his.


Mr.. Garfield replied that the great diff
ference was that the President of the
Senate could be removed within an hour
there was no way to punish u Legislative
body for not performing its duty. In
conclusion he suggested that the men Of
the present day should not try to shoot
Niagara" and leave the whirlpool to their
children.


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