Year: 1876

OAN -


On motion of Mr.. Morton, the Senate
took up the bill to provide for and regu
late the counting of votes for President
and Vice. President.


Mr.. Bayard briefly addressed the Sen
ate in opposition to the bill.


Mr.. Morton said the bill providing fol
counting the votes for President and
Vice President, now before the Senate
presented three important changes from
the old method, which he proposed tc
point out. The bill provides for debate
or explanation while the vote was being
counted; it provides against disfranchise-
ment of any State, and it provides that
the vote OF every State shall be cousted


Mr.. Eaton said that the second ques'
tion of the bill provided that returns from
such States shall be counted. when the two
Houses, acting separately, shall decide it
to be true and valid return, and asked
what would be the effect il the House
decided that one set of returns were cor
rect and the Senate decided that another
was correct. in case where there were
two sets Of returns from one State.


Mr.. Morton replied that in such case
the vote of the State would fall to the
ground and the State would lose its vote
for there was no outside tribunal con.
stitutionally qualified to decide matters.


Mr.. Boutwell, said he had not the faith
in the wisdom OF the bill that the Chair.
man Morton had, although he should
probably vote for the bill. He did
not assume that the Vice-Presi.
dent had any other duty
to perform than simply to open the re-
turns. For nearly a century the old
method had been in use under the Con-
stitution, and it was not possible for Con-
gress to delegate it to committee or
anybody else.


Mr.. Thurman said it was time some
such measure as that should be adopted,
for he could easily forsee that the votes
of the States might some time
be thrown out to such an extent
as to plunge the country into an
anarchy and rebellion. 1t could not hap
pen once in thousand times that the
Vice President would not know just
what package of returns contains votes
OF his particular party, and he could
pick that up and open it. 1t was
through his Thurman's solicitation
that the Senator from Indiana intro
duced the second section of the bill, aDd
he considered it necessary if any Sena-
tor could devise no better plan. He
would have it left just where our fathers
and the constitution had left it. He
held that the Vice President bad the
right to decide which was
the correct Sc. of returns. The two
Houses were present as witnesses
of the transaction. He would not allow
any one to meddle with this matter, but
he would much rather the house would
do it than the Senate. The house repre-
ssnted the people and come from the
people every two years, while the Senate
did not and he would prefer to let them
decide the matter if it was to be changed
at all.


Mr.. Coopea entertained the same opin-
ion, and moved to amend by addInf after
the words" the two houses acting ssper.
ately shall decide to be true and
valid returns" the following words:
"And if the two houses cannot agree,
then the House of Representatives, voting
bh States in the manner provided by the
constitution when an election devoives
on the House, shall decide which are
rue and veled returns."


Mr.. Herman dissented from the Sena-
tor from Maryland Whyte). be did
not think the President pro tenn had the
right to decide which were the true and
valid returns, and he did not think the
constitution warranted any such conces-
sion. 1t said he should open all returns,
and they should be counted. II any
question should ever arise as has been
spoken of, then he would prefer to have
the House decide, as they more clearly
represented the people.


Mr.. Morton said then, if the House
voted on it by States, the State which
had butone representative would havejust
as much voice in the matter as the State
of New York, which had thirty three
representatives. He said he had once
made a computation of this matter, and
had ascertained that forty-fve members
OF the House, voting by States and repre-
sentng eight millions of people, would
outvote the other 247 members, represent
ing thirty y-tive millions of people. Could
ANYTHING be conceived OF that would
come further from the will of the pco-
pie? The principle involved in this
bill is precisely the same rs that upon
which all the legislation of the country
depends. Ifthe two Houses cannot agree
on the bill before Congress it iails,
of course, and there is no power to
refer it to a third party as arbitrator
or referee. If the power could be dele
gated to the house 10 decide on the
valid returns, it css be delegated to
the Vice President or President and the
entire will of the people be set aside and
the idea of selecting an umpire or refereo
to decide question of this character was
an absurd one.


Mr.. Frelinghuysen said that, absurd MS
the idea was, there were several prece-
dents for It and he instanced the case of
Iowa wherein governor had been de-
clared elected and question arising in
the Court of Claims was delegated 10
him rs umpire.


The Senate then wen. inle executive
session and .oon after adjourned.


HOUSE


Mr.. Campbell presented the petition
Of 7l3 citizens of Illinois, asking for the
repeal of the resumption act. Re-