The New York Herald Newspaper, January 19, 1877, Page 5

: WASHINGTO The Proposed Plan for Settling the - Electoral Question. A SENSATION AT THE NATIONAL CAPITAL Scenes in the Two Houses on the Read- ing of the Report, PROSPECTS OF ‘THE PASSAGE OF THE BILL. Moderate Men of Both Parties Championing It. EXTREMISTS OPPOSING | IT. A New Born Zeal for Constitu- tional Methods, H FROM OUR SPECIAL CORRESPONDENT. Wasuixaton, Jan, 18, 1877. PLAN OF THE JOINT COMMITTEE—PROSPECTS | OF THE PASSAGE OF THE BILL—ITS sUP- PORTERS AXD OPPONENTS. The report of the joint committec has been a real evens here, Tho features of the bill havo been earnestly and eagerly discussed all day, and it is evident that it will find some vigorous opponents In both purtios, but a great many men have not made up. their minds, ‘They ave paid little attention to tho question in its details; tho Dill is strange to them, and they will examine it and take advice of their iriends before making up their minds, as it 18 regarded as certain by the most experienced leaders of both sides that the Dill will pass both houses by largo majoritics, In the House such men as Prolessor Seolye, Charles Foster, Munroe, Rusk, of Wisconsin; Mossrs. Hoar, McCrary and Willard, of the cominittes; Pierce, of Massachu- setts, and many othors will give it energetic support. Among tho democrats, besides those on the committee, Me: Lamar, Dudley Field and others, it is already known, will vigorously cham. pion it, In the Senate tho strongest men of both sides favor it, Thus the chances aro largely in tavor of the bill passing by a large majority, It is sau this evening that an effort has alroady beeun to persuade the Pres- Ident to oppose the bill and veto it if it is passed, but shere is reason to belicve that the effort will be in vain. THE MASSACHUSETTS SENATORSHIP—-REPUBLI- CANS GRATIFIED AT THE PROSPECT OF BOUT- WELL'S DEFEAT-—HIS OPPOSITION TO ANY PLAN OF AGREEMENT FOR COUNTING THE ELECTORAL VOTE. The contest for the United States Senotorship in Massachusetts attracts much attention here, and tho ews that Mr. Boutwell’s chances are lessening grati- fies the greater number of republicans. Mr, Boutwell 4s known to have been opposed to any plan or agree- ment for the counting of the electoral vote, and the | moderate republicans, who are greatly pleased with the course of Mr. Georgo F. Hoar on the joint commit- tee, hope for bis success and Mr. Boutwell’s dofeat. It 18 bolieved here now by Massachusetts men that Mr, Boutwell cannot be elected, and his failure will ve regarded as ap indication that the sentiment in Massa. chasetts tavors the plan of the joint committee. iin as cAntaae FROM OUR REGULAR CORRESPONDENT. Wasnincton, Jan, 18, 1877, REPORT OF THE JOINT COMMITTEE'S PLAN TO THE TWO HOUSES—SCENES DURING THE READING-—VIEWS OF GOVERNMENT OFFICIALS AND CONGRESSMEN ON THE MEASURE. Tho report that the joint committee would bring in their bill this morning drew together a considcravle audience in the galleries of the two houses, As noth- ing detinite was known of the bill by the members of either house the reading was attentively listened to Great curiosity was evident umong the Senators as to whether the report was unanimous, and when the Clerk was seen to close the report without reading tho signatures he was reminded that he bad not read them, and thero was a bum of satisfied curiosity when it ap- peared that Senator Morton's name alone was missing. In the House Mr. Proctor Knott, Chairman of the Committee to Ascertain the Powers and Privileges of the House in the Counting of the Eicctoral Vote, re- tusod, on the opening of the session, to give way to Mr. Payne, who, as Chairman of the House branch of the joint committee, wished to report. Mr, Koott in- sisted on his right to precedence, opparently thinking that thia was his last chance and that after the joint committec’s bill was proposed his own special topic would have but a secondary inter. est Several gentlemen suggested that Mr. Knott haa better wait till, =the — joiut committee had reported, but he refused, and the House, by 141 to 81, gave him the floor, He made his report and a speech, and when that was done Mr, Payne reported. After the report and bill had been read Mr, Payne moved that it be recommitted, with leave to print, and remarked that, as the time fixed in the bill for beginning the count of the vote is less than two weeks off, the committee would call up their mens- ure very soon and hoped that the House would be in- clined to consider it without needless delay, The reading was very closely listened to, many mem- bers sitting im chairs immediately in front of the Clerk's desk im order to hear the better, ‘The same curiosity was manifested in the Senate when the commitice presented their repurt. There is great excitement im Washington to-mght over the matter, and the bill is the general theme of discussion every whore, at the hotels, at tho receptions and at din- | ner parties. The following resulis of interviews with leading gov- ernment officials and Congressmen will show ihe feel- tor Kernan, of Now York, says that if wo aro to have arbitration he does not know of any better way of settling the controversy than by the provisions of the bill It will at least have the effect of alloying excitement In the country by showing that there is a willingness to consider the difficulty and to set asido party spirit. We must look to the interests of the whole country and be guided by tho teachings of patriotism. Secretary Morrill says that he would not mix poli- ties up with the Court. He would prefer to rubmit tho electoral votes to the Court alone and there 1s pre- codeut in law for this—at least it t# provided for within the States by some of their constitutions. Postmaster General Tynor, who is Mr. Morton's follower, was arked to-night what he thought of the electoral bili, and he replied :— H “fthink nothing of 1. It is unwarranted by the constitution, which points out the way the vote shall bo counted, and the constitution cannot be nujlified by any Congressional commitice or by Congroes itsell.’’ On its being suggessed that thero were many able | Jawyers on the commiitee Mr. Tyner, who himecif is a lawyer, answered :— “TP can’t help that, It requires no legal mind to fee thot the proposed measure ts iv Violation of the constitution. Any person of com- mon sense can teett, Do you supposo tor a moment that if the democrats honestly believe they havo 185 votes they would favor such a measure? Not at ail, You would not find a democrat in either house who would favorit, If Speaker Randall were to-day Pres dentot the Senate he would repudiate such a measure | and insist on his right, under the constitution, to count | tue vote, ‘fhe democrats know that Hayes is cleoted, bur give torr sapport to this bill because they see a chance of counting in Tilden.” Senator Morton, who from the first bas beon un- waveringly opposed tothe bill, when the question wag asked of him what be thought of the work of the NEW YORK HERALD, FRIDAY. | com ow it known and his lips xteenth district, sammed up Gh epabaie asta ne unsealed, said :— “1 did mot ha ytbing to do with it from t! start, [am and bave been opposed to it, and I refused to sign the report as I did not agree to the bill,” Its understood that he will take ground immedi- ately agunst the billin the Senate, He has been in consultation to-night with Secretary Morrill and ex- Secretary Carpenter, and wil! immediately prepare a Speech against it. The position taken by Governor Morton is understood to be that it has been honestly demonstrated that Governor Hayes has §=6185 = votes, = which = elect’ «shim, = and anything which looks like compromise or the con- sideration of a method to leavo the result uncertain now through arbitration isa surrender of the repub- lican position at once, He counts upon a considerabie following in the Senate, among whom those chiefly named are Senators Patterson, of South Carolina; West, of Louisiana, and Cameron, of Penrsylvania, Mr. Kasson, of iowa, regards the bill as creating a tribunal which ‘se to be a substitute for the one established by the constitution, He says the platn intention of those who made the constitution was to have the President of the Senate count the electoral voto, and he cites the fact that for a long series of Presidential terms every certificate of the cloction of a President given by the Vice President declared that the iatter bad counted the vote. The Di'l, however, should be caretully and patriotically considered. If it were agreed to It would be through a spirit of honorable compromise, 80 as to relieve the country from its suspense and from the disastrous Stagnation of business. General Garfield said ho had not yet made up his mind as to what course he should qdopt in regara to tho bill; that if he were to consider it merely from a partisan standpoint. =the republican panty would be walving a certain right for the uncertain chances of what this bill will accomplish; but if the bilt will render certain and plain the methods of determining a Presidential con- test for the future, and do it constitutionally, it will be too great a good to loso the chance of attaining for any party advantage. General Garfleld proposes to give tho bill a careful examination, and if he finds it wise | as a permancat law he will think it deserving of sup- port. If it is only # makeshift to escape. present trouble, and especially if be finds 1t unconstitutional, he will not support it, The Maino delegation, all republicans, do not favor the bill, While Hale and Frye are openly op- posed to it, Professor Seclye, of Massachusetts, will advocate its pasgago and looks upon it as a great tri- umpb of statesmanahip. Mr. Pierce, of Boston, is likewise a warm supporter of the bill, Mr. Tarbox, demccrat, from Lowell, will oppose it, and says the election of Hayes is preferable by both houses to the olcetion of Tilden by any sucn mixed commission, The democratic thembders of the New York dolega- tion will rally to the support of tne bill, Mr. Bilss, of Brooklyn, thinks it will holp to settle public opinion, and in this Messrs, Cox, Meade, Willis, Field and others concur, Judge Lapham, of Canandaigua, a republican, regards tho bill as an abortion, The Associatc Justices, he bo, Hoves, would not serve and they could not be impeached for refusing, It 1s onvrely wrong to attempt to impos upy such duty on them as the bill contemplates, Mr. Whitehouse, of Poughkeepsic, wants time to cousider sv Impoggant # proposition, Scott Lord favors the bill, and docs not regard the tions referring to the Supreme Court as inoperative or anconstitutionul, The republican mombers for the State of New York are most of them noncommittal, but will support the biil almost certain. Among the Pennsylvania delegates Speaker Randall raised the point in caucus that the bill ought to ex- plicitiy provide that the testimony already taken by the House committees should be accepted as final by the commission, else there wouid be no end tothe labor of accumulating facts concerning the elections, Mr. Hopkins, of Pittsburg, expressed the views of maoy of the democratic members trom Ponnsylvania when he said that it was cowardly to propose to shift the responsibility ou judicial officers of the govern- mont. Mr. Clymer said he would have to study whether Congress had the right to delegate the power proposed before expressing an opinion. Mr. Mackey belioves that Tildea was honestly elected, and is opposed to any measure suggestive of a compromise. The Maryland delegation, all democrats, had not formed an opinion. Mr. Swann was surprised to find so much opposition to it, States rights seemed to influence a good many in their views. He could not say now whether it was expedient for the House to delegate its authority, even if constitutional, to members of tho Supreme Court. Among the Virginia delegation Hevorly Douglas said ho would fight so monstrous a proposition till duoms- day, and never vote for so extraordinary a precedont as the bill would establish, Now the difficulty was to count in a President by concurrent votes, but the plan Proposed was to require a concurrent vote to reject a President, In this view Secretary Morrill concurred, and he thought the provisious of the bill very strange in other particulars. The mixed commission ap- peared to ira particularly objectionable, Governor Walker and other democratic members of the Virginia delegation were reticent upon the merits ot the bill, but are inclined to favor it, The North Carolina delegation needed better under- standing of tho features of tho bill boforo expressing an opinion. Among the Georgia members the disposition was to consult with their Southern friends before giving a positive adhorence to the til, andin the Alabama delegation Mr. Forney seemed co express the views of his colleagues when he said two questions presented themselves in considoring the report of the commit- toc—first, was it right? and secondly, would Tilden win? Those appeared to be the only points for the Southern members to decide, Mr. Lewis, of this di gation, took a more liberal view, and thought the Southern members should vote for it If it was a fair Proposition, In the Dississipi delegation Mr. Lamar will strongly advocate the passage of the bill, while Mr. Mooney will oppose it and vote against it, ‘The democrats from Louisiana, so occupied with their own troubles, had not carefuliy weighed the provisions of the bill and had ne opinion to give, In the Texas delegation Mr. Culberson wanted his associates to wait until the opinions of the press bad been carefully read by them, Mr, Hancock admitted that the bill was ingenious and displayed much ability, Beyond that he bad no opinion to give. Mr. Throck- morton and Mr. Schleicher were patient waiters, while Mr. Mills regretted that the democratic members of the Honse committee had not displayed more backs bone in demanding greater concessions, In the Tennesseo delogation Mr. Bright has already Prepared a speech opposing the bill. He regards it as clearly uncopstitutios Other membors of the dele- gation were not as positive as Mr. Bright. In the Kentucky delegation Proctor Knott sald, with komo warmth, that he might be called high headed or hard headed, but he was never acensed of shirking a duty, and, a9 far es advised, he was “anconditionally agin the bill.” Mr. Watterson ,will support the bill, and this was Mr. Clark’s intention until he heard it explained in caucus, when he became somewhat confused in his ideas of the power of the House ‘to make the Asso. ciato Justices of the Supreme Vourt members of tho commission, The membors of the delegations were generally in- Clined to be conservative in thoir view The democratic members from Ohio, with the excep- tion of Mr. Payne, were not disposed to favor the measure, Mr. Hurd did not regard the selection of the Supreme Court Judges as at all objectionable, but could not speak favorably of other provisions of the bill, The opinion among the democratic members of this delegation seemed to be that there was no need of a commission to decide what, in their judgment, had been decided already by the people, In the Indiana delegation the democrats, liko those from Obio, could see no good in the measure. Mr. Landers sard the only redeeming thing about it was that it was opposed by Senator Morton, Mr. Haymond thought the bill had been conceived in w good spirit, which good spirit would have to work upon him betoro he could vote for it, Mr. Hamilton coudn’t see any goon jn it, while the republican members regarded it as a ‘Yeartully wonderful proposition and inspired by the devil’? In the Illinois delegation the democrats from Chicago will support the bill, As Mr. Harrigon expressod it, “Anything that Springer and Hoar can agree to ought to be supported wownimousiy,”’ Mr, Sparks, from the | received by the | | that the bill placed the selection of the President upon the ‘flip of a copper."’ Mr, Springer, a member of the committee, said that only favorable comments had Deen made in his hearing, but these, ho thought, might have been influenced by a regard for bis fecl.ngs. The republican members from Illinois did pot appear as enthusiastic supporters of the bill. General Hurl- burt called it ‘‘a prize package,”’ a surrender on both sides ana creditable to neither, Mr. Burchard was wanting in iriendship for the bill, while the other re- publicans pleaded ignorance of the bill us an excuse for not giving an opinion. The Missouri delegation, thirteen democrats, it Is undorstocd will vote for the bill, that being the inten- Hon after the caucusto-day, The four democrats from Arkansas are among the non-committals, although they are counted as solid with the Missouri democrots, The Michigan republicans are divided, Conger and Hubbell doubt the expediency of conferring upon the Supreme Court authority over political questions, ‘hough Willard, a member of the joint committee, thinks the bill will be supported by his colleagues on its passage. The Wisconsin delegation is divided. Mr. Lynde, a democratic member of the Judiciary Committee, said the measure was calculated to do the country great good whatever the resuit, while Mr, Rusk, a repub- lican, was disposed to accept the bill without eriti- cism. Other members of the delegation spoke favor- ably of the measure. The other delegations were awaiting a careful perusal of the bill before giving an opinion, Judge Black and Montgomery Blair wero on tho floor of the House when the bill was read and promptly gave the opimon that it was unconstitutional, The fact that Thurman and Bayard signed tho report had weight with many of the democrats, but with theso gentlemen it was only evivence of weakness, Tne democratic organ in Washington, of which Mr. Blair is editor, will oppose the passago of the bill. Ex-Governor McCormick, secretury of the Republi- can National Exeoutive Committee, indorses the bill, Hw says there is one good featuro about the way in | which tbe bill is received by the extreme partisans of both sides, Thoy do not seem to like it, and hence he infers that there is an inherent elomeut of safety in it, Telegrapbic despatches hai night to members of Congres urging its passage. PROCEEDINGS IN CONGRESS. been rushed here to- approving tho bill and SENATE. Wastixcton, Jan. 18, 1877. Atoneo’clock P. M. tho members of tho special Committce of Seven, appointed to devise meaus for a fatistactory count of tho electoral voto, entered the Senato Chambor, SPRECH OF SRYATOK KOMUNDS, Mr, Enmunps, of Vermont, the chairman of tbat committee, sard:— 1 am directed, Mr, President, by the select com$ mittee raised under the revolution of the Senate on the subject of counting the electoral vote, to submita report in writing, with au accompanying bul, The report !s signed, | am happy to say, by ail of the mem- bers of buth cominittees, It being a report in form joint and several to the two houses, with one excep- tion; and all that I wish to say on this occasion, alter stating that we desire to take it up at the earhost pos. sible day, as time is running vory last, possibl, and I ‘hope, indeed, on Saturday—the day er to-inorrow—but certainly on Monday, to pass it toa determination in some forin steadily from that day forth, lunly wish to say in addition that the com- mitteo are of opinion that the measure wo recommend is not what allied a compromise in any sense of the term, but 18 8 measure in aid of the exercise of consti- tutional government, and that in no genae of the term will anybody havo a just right to sfy that anybody's opinions or views have been surrendered in any sub- stantial respect. [tis nota measure of policy or con- trivance, but a measure of constitutional justice for the preservation of the peace and order of the govern- ment. Mr. Suzrmax—Let it be read. ‘The report of the committee and the bill to provide for and regulate the counting of votes for President and Vice President, ang the decision of questions aris- ing thereon, tor the term commencing March 4, anno Domini 1877, were then read by the Chief Clerk, and it was ordered that they be printed. PLAN OF AGREEMENT, Tho following is the complete text of tho bill agreed upon by the joimt Committce on Counting the EKlecto- ral Vote:— A bili to provide for and regulate the counting of votes tor President and Vice President he decision of questions arising thereon for the term commencing March 4, anno Domini 1877. Be it enacted by the Sonate and House of Repre- sentatives of the United states of America in Congress assembled, That the Senate and House of 2epresenta- | tives shall mneet in the hall of the House of Kepresenta- tives at the hour of one o'clock post meridian on the first Thursday in February, A. D. 1877, and the Presi- dent- ot the Senate shall be their presid- ing officer. Two tellers shall be previously appointed on the part of the Senate and two ‘on the part of the House of Representatives, to whom shall be handed, us they are opened by the President of the Senate, ail the certificates and papers purportin to be certificates of electoral votes, which certiticnt and papers shall be opened, presented and acted upon in the alphabetical order of tue St beginning with the letter A, and said tellers having then read the faine in the presence and hearicg of the two houses, shail make a list of the votes as they shall appear trom the said certificates, and the votes having been ascer- tained and counted us in this act provided, the result of the same shall bo delivered to the President of the Senate, who shall thereupon announce the state of the vote and tho names of the persons, if any, elected, which announcement shall be deemed a sufliciont de- claration of the persons e'ected President and Vic President of the United Statos, and, together with list of the votes, sbali be entered on the journals of the two houses, Upon such reading of any such cortificate or pap when there shall be ouly one return from a St the President of the Seuate shall call for objections if any. | Kvery objection shall be made in writing and sual | state creurly and concisely und without argument tho ground thereof, and shail be signed by at ieast one Senator and one member of the House of Repre-enta- tives before the same. shall be received, When all objections so made to any vote or paper from a stato shall have been received and read, the senate shall thereupon withdraw, and such objections shall be sut imitted to the Senate tor 18 decision, and the Speaker of the House of Reprer shall io like mann submit such objections tu the House of Representatives: of its decision, and no electoral vote or votes, from any State from which but one return has been received, shall be rejected except by the alfirinative vote of the | two houses, When the two houses have voted they shall immedi- ately again meet, and tho presiding ollicor sball then announce the decision of the question submitied, sxc. 2—That if more than one return or paper hing to be a return from a State shall bave Leen resident of the Senate, purporting to be the certificates of electoral voles given at the last preceding election for President and Vice President in such State, unsess they shall be duplicates of the same return, oll such returns and papers shall be opened by him 1 the presence of the two houses, when met as aloresaid, and read by the tellers, and all such returns | and papers shall thereupon be submitied to the judg- meat and decision as to which 1s the true and lawtal electoral vote of such State, of a commission constl- tuted as follows, namely :— During the fession of each houso on the Tues day next preceding the first Thursday in Fob- ruary, 1877, each house shall by vira roce vote appoint five of its tuembors, who, with the five Associate Justices of the Supremo Court of the United States, td be ascertained ax herein- after provided, shall constitute a cumniesion for the decision of ail questions upon of in respect of such double returns named in this section. On tho Tuesday next preceding the frst Thursday in Febroary, A. D. 1877, or as soon thereafter us may be, the Associate Justices of the Supreme Court of the United States, now igned tothe First, Third, Bghth ond Ninth circuits, shall xeleet, in sucl majority of them shall deem fit, another of the associate justices of said court, which five perrons shall be membors of tho said commission, and tbe per-on longest in commission of said five justices shall be the president of said com- iniesion. Members of said commission shall reapect- ively take and subscribe the following oath :— 4 , do solemnly swear (or ailirm, as the caso may be) that | will impartially examine ana consider ali questions submitted to the commission of which I ama member, and a true judgment give thereon, agreeably to the constitution and the laws, so beip me sod.”” Which oath shall be filed with the Secrotary of the | Sen: When the Commission shall havo been thus organ. | ized it shail not be mn the power of either House to dis. | solve the same or to withdraw any of its members, | but if any such Senator or member abail «io or become | | | proceed by nina vox vote te | parti physiesliy unabio to periorm the duties required by this act, the fact of =ssuch =~ death or phys.cal inability shall bo by said commiss before it ehall proceed surther, communteated to Senato or House of Keprese be, whieh body shail immedi find the person shall take ana subscribe the oath Tibed and become a mem- ber of said commission, aud sn like manoer, if suy of | said justices ot the Supreme Court shail die or become Physically incapable of periorming the duties required by this act, she other of said justices members ot the | said commission, shall immediately appoint another | Justice of said court a member of said commision, and | in Sieh appomtnents regard sta lity and freedom from bins vppolntments to said commission, finmediately take and subseribe e preseribed, and tv mission bo Hil the vac a. All the certificates and papers purporting to be cer. | Ulicates Of the electoral vours o1 opened in the alphabetical order ot th 8 pro vided in section 1 of this not, and when there shall be more than one such certificate or paper as the certifi. cates or papers trom such state #0 bo opened aght by the original 10 shall thereupon @ the outh herein- excepting duplicates of the same rewuru), they shail Jected to and all papers, accompanying Ul | recommend is consistent with that instrument, | determined by the Jaw. greatly the people of the country, members of the respective | | public and private c ' President of | Every state eleariy | and thereupon 1 call tur objections, it made in writing and sha concisely and without argument tbe gronuil and shail be signed by at least one Senator id one member of the House of Representatives be- fore the same shal! be received. When all such objections so made to any certificate, | Vote Or paper irom a State shail have been received | and read, all such certificates, voles and papers so 0b- | same, 10- | gether with such objections, sball be forthwith sub. | mitted to said commission, which shall proceed to.con- sider the same, with the samo powers, it any, ROW pos. sessed tor that purpose by the houses, acting sep: | aratoly or together, and, by a majority of votes, decide | whether auy aud what votes from stieh Siate are the | Yotes proviied for by the constitution of the United | States, aud how inany and what persons were duly an- pointed electors in such State and inay therein take into view such petitions, depositions and other papers, | if any, as shall, by the constitution and now existing law bo competent and pertinent in such consideration, which decision shall be made in writing, stating briefly | the ground thereot, and sisned by the members of | said commission agreeing therein; whereupon the two houses shall again meet, and such doersion shall be | read and entered tn the journal of each House, and the | counting of the votes shall proceed in conformity therewith, unless, upon vbjection made thereto in writing by at least five Senators and live t the House of Representatt the two rately concur in ordering otherwise, in which ¢ ch concurreat order shall govern. | No votes or papers f State shall be acted upon until usly made to the voles or papers y Stato shall have been finally disposed ot. Ske. 3. That while the two houses shai! bo in meet- | ing, a8 provided in this act, no debato shal! be allowed | and no question shall be put by the presiaing oflicer | except to either house on a motion to withdraw, and | he shall have power to preserve order. Ske. 4. That when the two Louses separate to decide Upon an objection that tnay have been made to the counting of uny electoral vote ur votes from any State or upon objection toareport of said commission or other question arising under this uct, each Senator or Representative may speak to such objection or ques- tion ten minutes and not oftener than once, but alter such debate shall have lasted two hours it stall be the duty of each house to put the main question without | further debate, Ske. 5. That at such Joint meeting of the two houses Seats shall be provided as follows:— For the President of the Seuate, the Speaker's chair; for the Speaker, timmediately upon his left; the Senu- tors inthe body of the hall, upon the right of the presiding officer; for tho Representatives in the body of the bal! not provided tor the Senators, tor the teliers, Secrotary of the Senate and Clerk of the House of Representatives, at the Clerk's desk; lor ofticers of the two houses, in front of the Clerk and upon cach side of the Sp2aker’s platiorm. Scch joint meeting shall not be dissolved until th count of the electoral votes shall be completed and th result declared, and no recess shal! be taken unless a | question shail have arisen im regard to countivg any such votes or otherwise under this vct, in which caso | it shall be competent for either house, acting sep: rately, in the mauner hereinbetore provided, to direct @ recess of such house, not beyond the next day, Su day excepted, at the hour of ton o’c!ock in the tore- nuon, and while any question is being considered by said commission, either house may proceed with its legislative or othor busines Ske. 6, That nothing in this act shalt be beld to im. Pair or affect any right now existing under the consti- tution and laws to question by proceeding in the judicial courts of the U States the rignt or tie of the person who shall be deciared elected, or who shall claim to be President or V President of the United States, if any such right exist Ske, 7, That said commission shall make its own rules, keep a record of its proceedings, and shall huve power to employ such persons 48 may be necessary tor the transactior of its business and the execution of its powers, REMARKS OF THE COMMITTEE. The committee go on to say; — We have applied the utmost practicable study end deliveration to the subject, and belleve that the bill now reported is the best aitainable disposition of the different problems and disputed theories arising out of the late clection. It must be obvious to every person conversant with the history of the country and with tho formation and interpretation of tho constitution, that the wide diversity of views and opinions touching the subject, not wholly coincident with the biassed wishes of’ the members of political _purties, would naturatly exist, We have, in this stato of affairs, chosen, therefore, not to deal with abstract questions ‘save so far us they are necessarily involved in the legislation proposed. it ix, of course, plain that the report of the bill implies that in our opinion legislation may be bad on the subject in accordance with the constitution; but wo think tbat the law proposed is inconsistent with a few of the principal theories upon the subject. The constitution Fequires that the electoral votes shall be counted upon @ particuiar occasion. All will agree that the votes named in the constitation are the constitutional votes of the States and no other, and when they bave been found and identified there is nothing lett to be disputed or decided. All the rest is the mere clerical work of summing up the numbers, which being done, tho constitution itseif declares the conse- quences, ‘This bill, then, is only directed to ascertam- Ing tor the purpose, and in aid of the counting, what are the constitutional votes of the respective States; and whatever jurisdiction exists for such purposes the Dill only reguiates the method of exercising it, The constitution, our great instrament and security fur hberty and order, speaks in the amplest language for all such cases in whatever aspect they may be p sented, It declares that the Congress shall power “to make all laws which shall be necessary and proper for carrying into execution the foregoing Powers und all other powers vested by the constita- ton in ihe government of tho United States, or any de- partment or officer thereo!.’” The committee, theret think that tho law pro- posed cannot bo justly ied a8 unconstitutional by any ove, For this reason we think tt unnecessur: whatever may be our own individual views, 10 disc any of the theories reforred to. Our fidelity to the constitution is observed when we find that the law we Tho matter then being a proper subject for legislation, the Htness of the means proposed becomes the next sub- ject of consideration. — Upon this we beg leave to sub- ‘mit a few brief observations, Inall just governments, both public and private, .rights must be detined and 18 essential to tho very idea of such agovernment, and is the characteristic di tinction between free and despotic sysiems. However important it may be whether one citizen or another shall be the Chief Magistrate tor a period prescribed, upon just theories of civil institutions it Is of far greater moment that the will of the people lawfully expressed in the choice of that officer shall be axcer- tained and carried into effect in a iawiul way. It true that in every operation of a goverument of laws from the most trivial to the most important, there will alwa; the possibility that tho result reached wiil not be thetrue one. The executive oflicer may not wisoly perlorm his daty, the courts may not truly de. clure the law, and the legisiative body may not enact the beat laws, But In either case to resist the act of the Executive, the courts or the Legislature, acting conati« tutionally and lawiully within their sphere,would be to set up anarcny in the place of government. We thin! then, that to provide a clear and lawiu! means of p forming a great and necessary function of government ina time of such public dispute 1s of tar greater impor- tance than the particular advantage that any mau or party may inthe coarse of events possibly obtain, But wo have still endeavored to provide such lawtul agencies of decision in the present cuse as shall be the most fair and impartial possibile under the cireum- stances. Each of the branches of the Logiviatare and the Judiciary are represented in the tribunal in equal proportions, The composition of the judi- cml part of the commission jovks to a sviec- tion from different paris of the Republic, while it i thought to be free from any preponderance of supposable bins, and the addition of the necessary constituent part of the whole commission in order to obtain an uneven number is left to an agency the Jartherest removed trom prejudice of any existing a tainadle ono, It would be difficult, if not impossible, think, to establish a tribunal that could be less the subject of purty criticism then such a one. The pri ciplo of its constitution 1% so absolutely fair that w unable to perceive how the most exiretme partisa an assail it, unless he wishes to embark his wis upon tho stormy sea of unregulated procedure, hot aisputes and dangerous resulis that can neither be measured nor deined, rather than upon the fixed and regular course of law that insures peace and the order of society, whatever purty may be disappointed in its hope: ei untortunate circumstance that no provision bad subject beiore the election hi ng with it, snusmuch us tmuny o! political parties, will, perhaps, look with jeaivusy upon any measure th probabitity. of the defeat of their wishes, bat it hus jo bias or party fecling stand im the way ot a just, equal fiat mn 0 for extricating the question from the embarrassments that at present surround 11, In conclusion we respecttully beg leave to tiny gress the necersity of a speedy determ subject, It {8 inspossible to onti material loas the country daily sustains from the exist- jug state of uncertatoty. and powertully tends to unsettle a 48, LO Wenken and to create apprehensions in the minds of the people that disturb the peaceful tenor of their ways and happiness, It doos far niore— it tends to bring republican institutions into discredit to create doubts of the success of oor forin of government and of the perpetuity of the Repaplie, All consnlerations of interest, of patriotism and of jastice unite in demanding of the jaw making power & measure that will bring peace and prosperity to the country and show that our repubiiean institue tions are cqual to any emergency. Aud jn this connec tion we cannot retrain from expression of our satistuce tion that your committee, posed of equal numbers of opposing partics, have lortinately been able to do what has been attempted in vain heretofore, almost unanimously agree upon a plan considered by them all | to be just, wise and efficient, Wo necordingly recommend the proposed act to tho patriotic and just judgment of Congress. Tho report is signed by George D, Edmunds, Frea. erick T. Frelinghuysen, Roscoe Conkling, A. G. Thur. | man, T. F. Boyard and M. W. Ransom on the part of the Senate, Mr. Morton being the only one who de- clined to sign it, sentatives it was signed by the seven members, namely:—H. B. Payne, Eppa Hunton, A. On tho part of the House of Kepre- . Hewitt, W. M. Springer, George W. MeCrary, George T, Hoar | and George Willard. Afler the report had been read the bill wae read a second time by title and placed on the calendar, HOUBE OF REPRESENTATIVES, Waauixetox, Jan. 18, 1972, Inthe House Mr. Parsx, (dem.) of Ohio, chairman of the Comm)stee om Counting the Eigcioral Votcs, ANUARY 19. 1877. jab avemns to involve even the | 14 the committees to feel that their members arc | bound by the nighest duty ip such a case to let uo | rose apt made the report agreed upon concurrently by the Houso and Senate committees, and said that it | was signed by the seven members of the Howse com- mittee and by #1x of the seven inembers of the Senate | | Committee, The Clerk then proceeded to read the report, which was listened to with profound attention by all on the floor nod in the gal’eries, many members being seated inthe space in front ot the Clerk's desk in order to heur it more distinctly, * The report and accompanying bill having been read, Mr. PAYae called uttension tothe fact that the bill provide | for an eurlier day for the meeting of the joint convention than that fixed by law; instead of the sec- ond Wednesday of February it was to bo two weeks carlicr (two weeks from now) It would bo necessary, therefore, to have early action upon it in order that it might go to thy President and become a law in good time, He would theretore ask at an early day to have it made a speetal order, He now moved that the re- Port bo printed and recommitted. It was so ordered. THE ELECTORAL COMMISSION. SHALL THE COMMITTEE OF FIFTEEN DECIDE THK ELECTION ?—DIFFERENT VIEWS CON- CERNING TIE JOINT COMMITTEE'S PLAN. The fact that the Jomt Committee of Congrees had como to an agreement as to a plan for settling the Presidential muddie, and tho outlines of the plan itself, were known to everybody in the city yesterday who had read the Herat. A Hxnaup reporter yesterday called npon a large number of representative gentlemen, of both parties, to ascertain their views on the proposed ‘comimis- sion.” Tho apathy displayed by a majority of them regarding the momentous question was remarkable, ‘The views that were youchsaled will be found below: AN UNwito! 1 PRECEDENT. Mr. K, W. Stoughton said that, in his opinion, the scheme was a8 good as could be devised if we tad to depart from constitutional requirements, “There 1s no doubt,” said Mr, Stoughton, “that the Viceg?re: dent 1s empowered to count the vote, The constitu. tion says that he shall open the certificates, and the votes shall then be counted, and that’s all it says about it, As to the appointinent of the justices of the Su- prome Court to act on the committeo, | will say that 1 ofthe filth justice, Assuming ‘that the jai equally divided as to politics—it 1s not for a lawyer to agsume that judges have politics, but the appoiitments | of the four are made on that theory—you will perceive that there may be rome trouble 10 agreeing filth. L consider the precedent an unwholesome one, RAVOLUTION ABSOLUTE AND UNMITIOATED, Mr. Roger A. Pryor stated that be bad a very de- cided opinion on the subject, and then went on to suy:—"'l think it an absovute usurpation on the part ol Congress, Tho constitution of tue United States prescribes how the vote ts to be ascertained, counted | and promulgated; and tor the two houses of ‘Congress to project and pat into effect anothor and a differeut 6 or them to assert and exorcise powers tnat the peopie of the United states never communicated to them, It is revolution, absolute and unmitigated—an assumption by Congress of powers not given them by the constitution, It may work well this time in averting a possible collision, and in securing the imeugeration of the candidaie who really had the majority of the popular and electoral vote, But what gnarantoe have wo that on a future occasion this plan may not be called into opera. tion by @ party having a majority in both houses of Congress to override and nuilify the popular will ag as actually and legally manifested? Either str, or Mr. Tilden is elected President of the United States, and the only remaining duty of Congress is to ascer: tain and declare which of them is elected. The consti tution provides how that is to be done, There can be no compromise, If Tilden 1s elected, what right bas Congress to compromise away bis title’ It Hi elected, by what authority does Congress. pi give the Presidency to his competiter? Congress has us much right to submit the question to the arbitra. ment of the Czar of Russia as to this committee of Senators, reprosentatives and justices of the Suprome Court.” AM ENTIRELY NOVEL PLAN. Mr. 8 L. M. Barlow was of tho opinion that any actual settlement of the digpute would be a great re- liet to the people, and would tond materially to revive which ‘bas been tn a frighttully stagnant since November. Mr. iiurlow had seen during the day no one calling himself a democrat who thought it proper first to fairly @lect a candidate at the polls and atterward be compelled to assent to the de- cision of anew tribunal or the toss of a penny, On tho other hand an orderly ipanguration of somebody as President 1s of 80 tuch more consequence than the success of any particular individual that if the repre. sentatives of party see fit to ussent to the proposed new method of settlement they will, of course, be sup- ported everywhere, ‘The plan scems to me,"’ said he, “entirely novel and outside of tne constitution, and if there were uny tribunal by which its legality could be tested 1 ‘think 1 would decide it invalid. Practically, any settlement made will be considered by everybody, as it 18 in (aot, thnal.”” FEASIBLE AND SAFE. Mr. George Ticknor Curtis had had little opportunity to look inio the matter; but, from the slight attention he bad been able to give to it, i seemed tv him at present to be a feasible and sato plan. “I want moro time to consider its various bearings on the constitu- tional power and duty of Congress in counting the electoral votes, and also to consider its practical opera- tiens and its future operation us a precedent,” said he. | “I will say I bave thougut all along that any attempt to devolve tho counting of the votes on the Supreme Court was objectionable for various reasons; but to scleet a certain number of the judges of that Court to act as individuals on a commission or board fur the purpose of deciding grave constitutional questions is perhaps not objectionabie. ” PRENAPS AS GOOD A MODE AS ANY. When General Francis C. Barlow was asked what he thought of the plan, be replied that he did not think | the means a very efficient one. He thought tho matter to be decided was one of factand not of law—whether Mr, Tilden or Mr. Hayes hud been elected, ‘The com- | mittee is probably not going to open an invostigation of the clection,” said Mr. Barlow, “and how else (bey reach a proper conclusion’ They may use t testimony taken by the Congressional committees sent Sougsh, through which cy tne means would pro! ably be It the mittee andertakes to deel that the returning boards lad no power to go behind the face of the returns the purpose could be easily ac- complished, That is 4 question of law, and has al- ready been decided by the cvurts of Florida, 1 think their conclusion will, however, be universally accepted, I think the gentlemen named for appointinent are cap- | able, but [also think they have gone out of their way to bring Judges of the Supreme Court into the matter, | Alter ait, since 1¢ ts 80 desirable and necesaury to | bring the issue to aclose, perhaps the invde adopted 18 a8 good a one as any. A FOOLISIL ARBANGRMENT. Colonel Rush C. Hawkins raid, he thought the pro- posed compromise a foolish arrangement, to mo,’ he said, “that when the proposed of Filteen bad met they might not be able to agree, and the whole matter wenla then be in the san position as it now is, There would probably be a great deal of heated discussion, and the committee might fail to como to a definite agreement, in which cage the question would be sull open and ‘would re- | vert to the House, My view from the first has been | that the old precedent should be followed that L | established the fact that the President of the Senate | has the sole power to count the votes declare | the result, ‘There has heretofore been no cause tor deviation from that precedent, and I ree uo occa- sion to depart from it now, All this excitement has | arisen out of bitter partisansiip, and the country | has been unnecessarily disturbed, [ think that wo are just a8 tar as ever irom a setilement.” LETTER FROM GENERAL DIX. Under date of the 13th inst, General Jobn A. Dix wrote a letter tothe Hon, John A. Kasson, of Iowa, | giving tho resalt of is reilections concerning the | action of the federal representatives tn framing the constitution, particalarly as to the formality of count. ing the electoral vote. After reciting the various dec- | Jarations of the vote by the electoral colleges during | the past forty years the General concludes his letter as follows :— I have been amazed to observe that it has been pro. | pored to reject every electoral vote which Is not | proved by the Hous: of Representatives I bave t | stil more a ed to ObsETVE Ub is proposal is ported (11 be is correctly reported) by a seuator trom (his State, N ator or Representative can be an cleetor, and yet It is proposed to give to the House of | Representatives the power of overruling the action of the electoral bodies, It 18 the boldest assomp- tion of powor ever attempted under our govern. ot le would be a virtual transfer of the clection of President from the States to one branch of the logi#lative body—an assumption subversive of the sovereignty of the States and leading directly to an- violence, I by the fundamental compa ge a power has been conierred by its framers on ju aident of the SF let the error be corre | by acoustitutional amendment; and in the meantine | let us suomit Hike good citizens’ to the final judgment | of the jederal convention im regard to one of the most deleate questions it had to de | cide, I have had no apprenension at any time | that the existing complication would lead to deeds | of violence.g Public opinion, which overruics more | ellectually the popular movement of the country than any party devices, wil not endure any over than a pevernl more clearly | fest the devermin poople that the pabl der shail be Maintained than the recent aborti tempt Lo get up mass meetings, the only elfect of whieh | would have been to inflame the passions ina crisis which every inan having the good of the country heart desires to see met in a spirit of conciliation and forbeafance and in strict obedience to the requirements of the fandamental compact. I aim, oeur sir, very wuly yours, N A. DIX, NO CHANGR IN THE POLITICAL CONDITION— THE CASKY COMPROMISE TURNING UP, (BY TELEGRAPH To THE HERALD.) 18, 1877. New Ontwans, Jai The situation remains unchanged, althor pressiod orevails at the Stato House, owing to the toor . ae think there may be some dilliculty about the solection | | have reason to believe, | many suggestions of the plan, 5 snecess achieved 80 fav at Washington by Marshal Pit. kin, It is more and more evident that the Casey com- Promise has become aa important element in the con- test, and to-day the rival candidates for Governor and Lieutenant Governor were summoned by telegraph to Washington. The leading democrats are gencrally willing to elect Casey Senator, provided that will se- cure the State to Nichols, but 1 this formidable Opposition will be met. The majority will, under ne circumstances, cousent to any arrangements involving the deteat of Tilden. PROTEST OF CITIZENS, The followin, Is the concluding paragraph of am ad- dress issued by anumber of citizens of New Orleans, deiend.ng the reputation of the inbabitants of the State from the alleged calumnios of the friends of the present State government: Ry the late election, everywhere peaceable, and pot usurping administration here we from any act of the whose interests would rather lave been served by vinience, no inatter how exerted, bu! and sober-m with our of the exam sell-restraint’ of consery *, having, 10 strict conformity: nd iW obedience to thore rehe y ive ently endured tor years in 16 tendencies, Dare estly appeal to oar fellow ot the Republic not to connive at the rever Jawtul action, and to toree us to confront again the evils of a governinent, fatal alixe to our interests and our good name, which exists by frand, and stands by hatred and prejudice, and the destruction of interests which should ve common, and is compelled to defend ite shameful imbecility by charging indiscriminately upon a whole community the guilt of crime it profits by and does not punis THE SENTIMENT AT HAYES’ HOME, EXTREME REPUBLICANS DISAPPROVE OF THE SCHEME—DEMOCRATS THINK IT WILL HELP TILDEN. (BY TELEGRAPH TO THE HERALD. ] Coremnes, Obto, Jan. 18, 1877, ‘The programme agreed upon by the Congressional committee for counting the electoral vote as published in the evening papers does not serve as a cooling salvo to extreme republicans, and some ot them are loud in their denunciation of the republican members of the committee for agreeing to it. A large majority of the republican members of the Legislature, while they will not say much for publication, do not pretend to conceal their disgust with Mr. A. J. Hodge, & prominent member of tho General Assembly from Cleveland and President of the City Council of that city, im very vigorous language denounces the pro. posed scheme as a complete ‘give away,” and declares that Senator Conkling lus sold tho republicans out to get his revenge for not being nominated by the Cin- “nnati Convention. Mr, W, P, Holland, another leading member of tho House, trom Ashtabula connty, is disgusted with the scheme, and says If tue republicans who agreed to it think they have popularized themselves thereby that they will soon discover that they are greatly mistaken, Hoe does not doubt the republicans of tne Western Reserve will concur in this opinion, Most of the republicaus are particularly bitter on Conkling. ‘They evidently regard him a leading spirit in bringing about this schemo. Other republican re temperate turn see in the plan a way out of the threatened troables, bat all agree Huyos’ chances will be greatly lessened if the seb ix agreed to by Con Democrats, ag a ri ara pleased with the pian and think tho suggested tribunats for arbitration of the disputed question will give sutine faction. While thoy aro not loud in oxprossing their satisfaction, they freely admit that Tiden's chancer will be materially increased by tho adoption of the scheme, and they see in ita way out of grave troubles, MOVEMENTS OF Noxroux, Va., Jan, 18. 1877. The Grand Nuke Alexis did not attend tho german given here last night, but tho Grand Nuke Constantine id several Russian Daval officers were present, ALEXIS, HOTEL ARRIVALS, Judge Charles Andrews, of the New York Court of Appeals; Judge Dwight Foster and Nathantel Thayer, of Boston, and Assemblyman Isaac V. Baker, Jr., of Comstocks, N. Y., are at the Filth Aveiue, Secre- tary of Stato Henry C. Kelsey and Attorney Geporal Jacob Vanatta, of New Jersey, arc at the Metropolitan, Rev. James Wentworth Leigh, of England, ts at the Brevoort. Genoral Inuis N. Palmer, United Statoe Army, {8 at the Sturtevant, Colonel Jobn 8, Mosby, of Virginia, is at the St. Nicholas, Commander i. B. Seoly, United States Navy, is at the Albemarie, United States Marshal R. M. Wallace, of South TO lina, and Samro Takaki, Japanese Consul at New York, are at the Grand Centra). General Stewart Van Vliet, United States Army, is at the Hoffman, Sen- ator William McMaster, of Toronto, at tho St. James, W. Brandt Storer, Russian Vico nsal at Boston, 1s at the Windsor. Professor Alessandro Rossi, of Italy, is at the Union Square, Dr. F. Me Dearborno, United Statas Navy, is at the St. Denis, THE WEEKLY HERALD. ONE DOLLAR PER YEAR, THE CHEAPEST AND BEST NEWSPAPER IN THE COUNTRY—NOW READY. 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