Year: 1877




titled who the electors, or pretended
electors are, who have voted, whose votes
are contained in the envelope. 1t is
certificate from the electors, and none
other, that he is required to open in the
presence of the two houses He is not in
fact required to receive certificates OF
anybody but the true electors of the
State. He is therefore required, in the
discharge of the duty of his Office, to de-
termine and present the true certificates
from the electors of State. He is bound
as an officer of the Government of the
United States, to take notice of those
who have been declared elected by the
proper authorities ofthe State, and when
a certificate come into his hands it is his
business at once to investigate and de-
termine for himself whether it comes
from the elector of State. He must de-
eide that question upon his peril, and
present the certificate to the two houses
of Congress.


Rutherford B. Hayes ought to be insu-
gurated, snd must be inaugurated, unless
bill should be passed to count him out
in defiance of the well known principles
of law. He was not well enough to day
to argue this question as fully as he would
like to. The Democratic Senators would
not support this bill if it did not give
them a chance to count Mr.. Tilden in by
going behind the returns.


At 2:l0 p. m., Mr.. Morton said he was
unable to proceed further to-day, and
therefore suspended his remarks.


Mr.. Frelinghuysen, member of the
special Committee, then took the floor
and spoke in favor of the bill.


SENATOR, FRELINGHUYsEN SUPPORTS THE


BILL.


Mr.. Frelinghuysen said: Having been
appointed member of the special COM
mittee which framed the bill in regard to
counting the electoral vote, and having,
to the best of his ability discharged his
duty, he ielt he could not remain silent
while the rejecting and patriotic people
of the country were interested in this
measure to the extent that the dignity of
the Government should be maintained,
that no bad precedent should be set, that
the peace of society should be
preserved. There was a hope that the
great National Legislature would do just
what was right. The early Commenta-
tors on the constitution predicted that
the greatest peril of this country would
be in the succession to the Presidency.
The Administration of the Government,
with its immense patronage, was to be
handed over to the next President by
one vote out of three hundred and sixty
nine in the electoral college. There
were many persons who believed that
some States where maioritles we're given
for one party returned majorities for the
other party. There were many honest
men in both political parties who be-
lieved they were to be deprived of their
rights while Office holders and Office
seekers only added to the excitement
If there ever was time when the repre-
sentatives of the American people should
rise above party prejudices and party
feeling, it was now, and with true cour-
age and patriotism they should deter
mine that they would avert this peril
from the country, The duties of faith
full Senator were always responsible, but
it seemed to him as if they now touched
the highest point OIL responsibility. At
all events, Senators must do their duty,
whether it pleases their constituents or
not. He had no doubt that the compli-
cation which now seemed to imperil the
Government would be adjusted by Con-
gress and accepted by the people, and
the strength of this nation, developed
during the war, would carry her forward
intoa new era, as all would have renew
ed confidence in our institutions. He
believed the country would enter upon
degree of prosperity which had but few
parallels. s,u.- I.


He then referred to the bill, and said
he believed the measure met with more
opposition from Republicans than from
Democrats. He would seek to take no
unfair advantage of the opposing party,
and he would be the last man to sacrifice
the honor of that great party of liberty
which had stood by the Government in
its hour of peril. He then referred to
the late twenty-second joint rule, and
said it had been used for ten years when
both houses of Congress were Republican
or even under the bill which passed the
Senate last session, there would be sor-
rv prospect for having the votes of either
Louisiana, Florida and South Carolina
counted with the rule of the last ten years
against Republicans as precedents. The
Democrats in Congress had acted with
great fairness in Joining with Republic
cans in reporting this bill He then re-
ferred to the power claimed for the Pres
ident of the Senate to Countthe electoral
vote and said, if the power to count that
vote was vested in the President Of The
Senate. why had it been exercised by the
two houses of Congress during the last
ten years. He denied that the power to
determine and count the votes was vest
ed in the President of the Senate, and
said it would be a wonderful power to
repose in one man. Suppose, during the
late rebellion, the President of the Sem
ate had held that the Union could not be
dissolved, and insisted upon counting all
the votes which might come from the
Southern States, would the Senate and
House have been compelled to sit quietly
by and take no action? He argued that
the Constitution imposed upon Congress
the duty of deciding upon and counting
electoral votes, and Congress was bound
to perform that duty. 1t would be great
negligence not to have legislation to that
end.


He then spoke of the powers and du.
ties of State in choosing Presidential
electors, and of the clause forbidding any
Government officer from being an cleo
tor, and said the provision was mandate
to the State and the State must enforce
it. The State could no doubt restrain, by
proper judicial measures, such official
from acting, but after he had acted even
State could not set his vote aside. The
appointment of electors was confined to
State, and Congress must accept the
States conclusion just as the Judgment
of the Court must stand. Congress could
not be a grand Returning Board to inves-
tigate the votes of eight or ten millions
ofpeople. He denied that Congress had
a right to go behind an electoral certiti-


ao,l kho Of thn Ton.