Year: 1877

thereon, for the term c0mmenc ng March : A


Mr.. SAMPSON. Mr.. Speaker, The


more I have thought on this question


of the electoral count and the more


carefully 1 have reflected on events


which have crowded themselves upon


our attention the last few months, the


deeper has become the conviction in


my mind that agreement by the two


Houses on this question is an absolute


necessity.


Eighty-cight years, save a few days,


we have been moving on under our


Constitution. We have had twenty


two presidential elections prior to the


present. Seventeen times have ques-


tions been raised in tho two Houses


or at the joint meetings touching the


validity of electoral votes; seven


times have the questions teen eyaded ;


three times decided by or under joint


resolutions, signed by the President,


which had the force of law; seven


under the rule which provided no
question should be decided in the
affirmative nor vote be counted unless


both Houses concurred therein.


And through all these objections
and questions and through all this
time, three great facts stand ont
prominently before us. First, the
time has never been till now when a
disputed electoral vote would change
the result; second, the two Houses
have never failed to agree on how
how they would dispose of disputed
votes except in cases where they have
skillfnlly evaded decision; third, re-
pcated warnings have been uttered
all along down our history to beware
of the day when the vast powers, pat
ronage, and political policies of this
Government would depend on dispu-
ted electoral votes, and we should be
without law, constitutional provis-
ion, or tribunal to say who should
decide. If it has been Of such inn
portance to agree before, and we have
never failed to do so, how much more
important is it now.


Let us look calmly at the situation,
view things as they are. Party feeling
and pride is sensitive element. But
yesterday, on the other side Of this
Hall, member and a friend of this
measure, too, used the word war in
such connection and manner that i
could almost feel my strong friend
ship for the bill slipping away in
spite Of me. The situation demands
calmness and reflection. Since the
first day of the meeting of this the
Forty-fourth Congress the lurid
flames of party strife have been burn
ing brighter and brighter in this
country-schemes and counter
schemes to the extent of human in
genuity to make and unmake Presi-
dents, to drag down and build up
parties have been the general order
of the day. The principle of the
equality of all men before the law,
both white and black, and the senti-
ment that in the Anglo-Saxon race of
the South rests the superior right to
rule those States have been writhing
in mortal strife for the mastery and
after this long, fierce, and exciting
conflict, and party passion has been
up to well-I Ugh a white heat,
crisping and consuming trade and in
dustry, and even patriotism what do
we find? Almost q drawn battle
the masses of the people divided
nearly equally in political sentiment
eighteen States republican; eighteen
States democratic, dual governments
in two; South Carolina has her re-
publican governor and her democrat
ic governor,h her republican legislature
and her democratic legislature. Lou
isiana has her republican governor
and her democratic governor, her re-
publican legislature and her demo-
cratic legislature parties there liter
ally standing to arms with a handful
of United States soldiers at each of
the two capitals, watching to see who
dare fire the first shot; the sands of
the present Administration almost
run; in the hands of the officer the
custodian of the electoral votes for
the candidates for the incoming Ex-
ecutve 39l votes, instead of 800 as
there ought only to be-22 more than
under the Constitution can be cast
double returns from four States the
two Houses of Congress divided po-
one prepared to stand by the
republican returns as expressing the
true voice of the people, the other by
the democratic returns as being based
on the actual vote-these votes to be
counted in few days; the % spuri-
Gus electoral votes that now corrupt
the national ballot-boX to be rejected;
the Constitution failing to provide
who shall say which is the
true vote and which the false no law
fixing this power or regulating ii an
difference; in the alb
sence of law who shall exercise this
most delicate and important duty?
Shall we hesitate to enact a law that
shall solve the difficulty, surely not,
if we have the constitutional power?


Congress has the power to provide
all necessary legislation to carry into
all other powers given the
Federal Government by the Consti-
tuition. Three times has Congress
exercised this power by joint action,
twice approved by the Executive,
which had effect to exclude or re-
eeive electoral votes; twice by joint
resolution, once by joint rule. The
of our greatest and best men
of the past and present have held to
the right to legislatc upon the subject.
And this seems now with all the ex-
citing surroundings to be the only
square inch of common ground upon
which the two parties can unite.


l have examined so far as 1 could,
reflected upon, compared, read, and
thought over the reasons for and
against its constitutionality with a
due regard, as believe, to the weight
and solemnity of the oath l have ta-
ken to support the Constitution of my
and believe it to be a meas
ure to protect and preserve the Con-
not to violate 1t. 1t consti-
tutes tribunal absolutely fair, even
to the avoidance of a shadow of
ahade of Oartisan HAS so far ne man