The New York Herald Newspaper, January 23, 1877, Page 3

THE ELECTORAL BILL Continuance of the Debate in the Senate. SENATOR MORTON IN OPPOSITION. The Ghost of Intimidation Still Stalk- ing Abroad. EXTREMISTS INTRIGUING FOR DELAY. Senator Frelinghuysen in Support of the Measure. AUTHORITY OF THE PRESIDENT OF THE SENATE The People Outspoken—The Politicians Temporizing. FROM OUR SPECIAL CORRESPONDENT. Wasnixeros, Jan. 22, 1877, SENATOR MORTON'S OPPOSITION TO THE ELEC- TOBAL BILL—THE IMPORTANCE OF COUNTING IN HAYES—A SPEECH ADDRESSED TO THE UNINFORMED OF THE COUNTRY—CONTINU- ANCE OF THE DEBATE, The debate on the Electoral bill was opened this morning by Senator Morton, who had a large and at. tentive audience, which went away at the close with a general impression that Mr, Morton had made a fail. ure, He seemed to be in ill-health, and it 1s said this evening that he means to speak again, porhaps to-morrow. His argument consisted chiefly of the assertion that “Rutherford B. Hayes was elected President and must and shall be counted in; that the Vice President would count him in, and therefore the Vice President ought to be allowed to count the ‘votes, and that any bill, plan or law whatever would only lessen Mr. Hayes’ chances, and ought, therefore, to be opposed.”’ He seemed in the great part of the speech to address himself to ill informed people in the- country rather than to the reason and intelligence of the Senate. He said, for instance: — If we should fall to agree upon a dill this would leave the question where it has been for eighty-tour years, and the Vice President, if he counts the vote, will be no further wrong than his predecessors have been for three-quarters of a century. Probably every Senator who heard him knows that the Vice President bas never since the time of Wash- ington counted the vote, and that since the first Pres- idential election the two houses have but once, tulled to adopt a ‘method of examining the vote’’ reported to them by a joint committee precisely as this bill for the same purpose haz been reported by a joint com- mittee. Is was tho general opinion, therefore, that Mr. Mor- ton was addressing his remarks to-day to the country - atlarge, in the hope to excite hostility to the com- mittoe’s plan in the minds of uninformed persons, and this bolief waa strengthoned when he clinched what is certainly a misstatement by the assertion that “Rathorford B. Hayes was elected and should be in- * wogorated and must be inaugurated, uniess a bill pro- viding that be shall be counted out shall be passed,’” ATTITUDE OF THE PRESIDENT, ‘The moderation and clear common sense of the President are in refreshing contrast with Mr. Morton’s assertions. The President is reported te have said concerning the bill yesterday, while discussing it with aoveral gentlemen, that he desired its adoption; that it seemed to him fair and just; that the decision of such @ committee was needed to give Governor Hayes, if he was elected, a clear title to the Presi- dential office, and ‘that it was of the ut- most importance to the welfare of the country that whoever was President should hold the office by a clear title. It was remarked by those who heard this that the President, who is tamous for pithy Bayings Which pierce to the bottom of a question, had uevef spoken more clearly and pertinently, CONTINUANCE OF THE DEBATE, Mr. Frelinghuysen followed Mr. Morton in defence ofthe bill, and after a fow words between Messrs, Sherman aud Edmunds Senator Cameron, of Pennsylvania, closed the day, and for a few minutes greatly edified and amused the Senate and the gallerics, Ho opened with a bricf attack on “three great republican Sonators who voted to gratify the democrats,” and then pro- ceeded to express his horror that the Supreme judges should be dragged into politics, which he evidently thought very dirty waters, bat when he went on to describe, with apparent disgust ana alarm, the situa- tion if this bill was passed, and said, “These judges would come here and demand places and offices for their brothers and their brothers-in law, aud their cousins and other relations,” there was a gencral titter, and an irrevereat person in the galleri marked that “The old gentleman was afraia there would not be enough patronage to go around.” When Mr. Cameron closed Mr. Edmunds gave nutice that he expected to bring the bill to a vote to-morrow. ‘This will invoive an all night’s session, for there is no Previous question in the Senate, and debate goes on until the opponents of the mensure are tired and allow @vote to be taken. Senators Morton and Sherman ‘will use all tho means in their power to delay the bill, The attempt will be mado to amend 11 to death, and in the House the extremists of both partics have already their pockets stafled with amendments, Mr. Conkling, who has been quite ill, will, if ho is able, open the flebate to-morrow. THE OM10 MEN, The Ubio men in both houses are conspicuous as the Utterest opponents of the bill, Nov allof them are dpposed to it, for Mr. Fosver means to speak in favor of it, and it is believed that Judge Lawrence, one of the ablest lawyers in tho House, will vove tor i, Mr. Garfield has not, so far as is, known, entirely made up bis mind against it, The Ohio Representatives are get- ting letters from politicians at homo demanding that they shall oppose the bill, but this device is appre- ciated here, whore it is remarked that these politicians expect office from Mr. Hayes, and, having been told that tho Vice Prosident would certainly count him in, they are not disposed to run any risks, PROSPROTS OF THE BIL. At this writing it is probable that the bill will pass tho Sonate by at least a two-tnird majority. 1b will have even a larger majority inthe House, The trick of trying to Kill {t with amendments will be trea ‘most fully in the House, and the Morton and Chandier men are tomight using every offort to secure votes against the bill as it stands and dealing with men of NEW YORK HERALD, TUESDAY, JANUARY 23, 1877.-WITH SUPPLEMENT. both sides who are supposed to wigh some sligntor great ebange made to suit their particalar wtieas. Besides this, strenuous efforts are privately making to induce some members of the Supre Court to refuse to serve, and, in the course of debate, the opponents of the bill do their best to represent thatat is degrading to the Supreme Judges. COMMENTS OX MORTON'S OPPOSITION, The pertinactous opposition to the bill by Mr. Mor- ton, in view of the tact that no longer ago than last March he was extremely anxious for a bill, and for one under which Louisiana and Florida would certainly be thrown out mow, has oc- castoned much remark here, particularly now that Governor Hayes’ organs also oppose it, It is remem- bered that on Mr. Morton's Indianapolis journey in December he stopped at Columbus and had a talk with Mr, Hayes and that since then he has been apparently more than ever determined that tho Vice President should count the vote, There have been reports in circulation that Mr. Morton had secured some private understanding with Governor Hayes by which he be- came his spokesman here, and these rumors gain re- newed currency at this time. EXTREMES MEBTING. The Evening Star remarks this evening on the curi- ous fact that the extreme democratic and extreme ro- publican organs beth vigorously oppose the bill, and adds :— ‘The inference of non-partisans is that the measuro afiords a pretty fair and satisfactory adjustment of ultra party claims on either side, A moderate republican remarked this evening :— ‘There 1s really a disputed election, a case in which a right decision is dificult, I veheve Hayos is elected, but I am not so sure of it that 1 should think myself justified in Aghting about 1. There can be no such asburance on either side as would justily a new war to maintain cither view. It is a case for the judgment of a fair and honest tribunal, such as this bill provides, and I believe in submitting it to that. Lam clear the country docs not wanta new war. There are hot heads and reckless men on both sides who think they have something to gain by tumult ana disorder, but 1 am for a peaceable and orderly settlement. SPEECH OF SENATOR MORTON. Mr, Morton addressed the Senate as tollows:-- Mr. Presipent—As the member of the committee who did not agree tq this bill, I have thought it proper that I should make a brief statement of the grounds on which I did not concur with my colleagues; but I am not well this morning, and am unable to speak as I should desire. Still, as the bill is about to come to @ vote apparently, I will vory briefly to the reasons ‘why I could not give my assent to its being reported, This bill 1s presented for the consideration of Con- gress under very peculiar circumstances. The Con. gress of the United States is scarcely leit free for its consideration, We are aware that there is great un- easiness in the public mind throughout the country, Apprehensions are entertained of violence—of revolu- tionary action on the part of the House of Representa- tives—of some course being taken that may result in disturbing the peace of tho country, A member of Congress has said in a speech in this city that 100,000 men would be here on the 14th of February to witness the counting of the votes. That may be regarded as an extravagant utterance, but it isone of very many of the kind that come up to us from different parts of the country, so that the buziness interests of the country have become alarmeu, and there is a dis- position to take almost any measure that may be proposed that will give assurance of peace without very much regard to the character of the measure, SHADOW OP INTIMIDATION, 1 do not think ut ali 1 am out of the way when I say that this bill isa literal product of “the Mississippi plan;’? that the shadow of intimidation bas entered this chamber, and that in proposing this bill and in the consideration of it members of the Senate and of ‘tbo House are acting under the apprehension of yio- lepce—of some great revolutionary act that will threaten the safety and continuance of our institu- tions, Ido not 1 believe in the ity of this danger. I belicve that this sort of talk is intended for a purpose, and I very much fear that it will ac- complish that purpose. The real duvger that wo are in results from uot during to stand up to do our whole duty as we understand jt, 1t is said by geolo- gists that there Was" & périod in the nistory of the earth’s erust when there were skuliess verte- brates, and it would seem now th have come to that period when there are vertebrateless skull, The thiug to do is to do what is right and to doit fear- lessly. For one I am not afraid tnat if this vote shall be counted as it was for the first seventy-two years in the history of our government there will be any Tevolution. I believe that any one who attempts it will be utterly destroyed. 1 regard this bill, Mr. Preat- dent, asa compromise, k will take ite placo along- side of the compromise of 1820-and the compromise of 1850, By the compromise of 1820 all the territory south of latitude 36 deg. 30 min, was given over to slavery, and when the time came to settle the territor; north of that jine the compromise was destroyed. By the compromit of 1850 the institution of slave rY got the immediate benetit of the Fugitive Sl law, which gave it-such prestige, power ana con- fidence as made it aspire to the com, @ conquest of tho country. I believe that Rutherford B. Hayes has been elected President of the United States, He has been clected under the forms of law and according to law, and he is elected in the hearts of the people. I believe that it be should be counted in, as eighteen Presidents were successively counted in from the beginning ot the government, Le would be inaugurated, and there would be no violence and no revolution. THR SPEAKER'S RECORD. There have been upon this question a great many loose opinions given trom time to time on the first im- pression without examination, and perhaps mos Sen- ators have induiged in them, 80 that very few can en- trely claim to be cor nt = 1 have indulged in them myself, but within last lew weeks this question bas veed presenied as a case in hand, not simply as a Matter of speculation, sumething to come in ihe fu ture,, and tbere has been a flood of light poured upon it such as had never veen before, Many things have been said, and we have tue counsel of the best logal minds all over the country. I brought forward « bill some two years ago which was atierward reported by the Commit on Privileges and Elections for the purpose of having « law for un counting of the electoral vote. I did not claim that that bill was perfect. It was not in view of any con- tingency or cage; it however, wasin one respect a sale bill, that is leaving out of view who should count the vote, whether the President of the Senate or the two houses. It contamed no word by which the two houses could be authorized to go behind the roturns of a State, to go behind the decision made by the returning officers of the State, appoimted by the State for that purpose; and the bill of 1800, if I remember correctly, expressly provided that the two houses shonld not go behind: the returns so fur as to couut the votes for electors. I um not an advocate for State sovereignty. I never have been, but | have been acon wt advocate of State rights, as | am now. THX POWKR TO APPOINT ELECTORS. The constitution of the Uvited States confers upon States the power to appoint electors in such a way the Logisiatures of the States may proscribe. This is the absolute right of cach State. The determination as to who have been appointed 18 Jeft entirely to the State. Should Congrees assume to determine who have been Appointed, so far as to go behind the action of the ofli- cers Of the State appoiuted by the laws of the State tor that purpose, Congress would absorb to liself tbe entire power; would become a grand returning bourd, without limit and without reat The very moment wo un- dertake to xo behind the determination of the officers of the State as to the result of a State election, aud to count and determine tho result for ourselves, tuat mo- ment we establish a revolution which ultimately will he end of Presidential elections, 1 am not now relerring to the certilicate of the Governor, which is prescribed—not by State laws, but preseribed act of Congress—but I am = reierring to determination of the result of elections as prescribea by the lawa of tho States The States have the right to apport electors, Legislature has the right to prescribe the method, the evidence as to the apporiment, as to who has been aa absolutely and com- te to the very able speech of the Senator trom t, Mr. Edmunds, on Saturday last, with great interest. 1t 1 understood bim correctly be assumed that there was no provision of the constitution that executes itself except one, and that 1 in regard to the recovery of fugitives from labor—fugitive siavee—that ihe rest of the provisions of the coustitution are not sell-exocat- ing but require Jegisiation vo carry them into opera- tion, He made a distinction, I believe, which is cor- reet, that there are two ciasses of powers conferred by the constitution. Where a power is co! red directly upon any depurtment of the government by the con- elitution that power cannot be taken from tI Gepart- Ment, that power cannot be delegated; but where the constitution simply imposes a duty, but «oes not vest y particular department. with the — perform- auco of duty, then Congre:s may by law determine who ‘shail discharge that duty. If L understood the Senator aright he wok the ground ‘hat the counting of tho votes was a duty impoved by the constitution, but that the constitution had not located i—bad not said who should do it. TRE AUTHORITY 0 COUNT. He denied that the duty was imposed upon the Pres- ident of the Senate. He said the lremdent of the Ken- Was airected to open the Certificates, bat he was Rot directed to count them. He was directed to open them, ‘‘aud the votes shall then be counted.” The and duty to cow A$ Not located ip the two The conatitution did not say that any more than it said the President of the Seante should count them. It sad the Yyotes should then be counted. Assuming, for the sake of the argument, his position to be that there ts nothing im the consti tution, ip any part of it, that indicates that the Preat- dent of tho Senate shall count the votes as well as open = po hor them—assuming it to be true that the constitution | ‘4 | simply imposes aduty to count the votes, but does not by whom the duty shall be performed, and, thereiore, that formance of that duty upon 1 free Lo impose the per- & commission and upon apy 46 sees proper to put in that sitaation, hit Forte n would be terrible. The Senator, in applying bat to this case, made use of the tollowing language :— as Ihave said, 1 only intended on this iu as brief a way as i could exactly what the ill * din a general way the ae upon which it rests. e iMustrations that might stil her made to show shat this decidi hich I speaking does not jing power rest with you, as not rest with eit vides » law that allows it to rest thers, ole day might be spens upon th The position of the Senator is that the constitution created the duty to count the votes, but did not locate the power or duty anywhere, ana that beara under the general power to pass laws pecessary an proper to carry into execution the powers given to any department or to the government of the United States, may by law devolve that duty upon a commission or upon any person. If! do not siate his position cor- reotly I hope he will correct Mr. Epmunns—Mr. President, if the Senator wishes Me to correct him now tes a part of my position correctly, but he only 8: half of it 1 will take the opportunity to correct him, so as not to disturb him alverward, Mr, Monton—Well, Mr, President, I am stating th: Senator’s position correctly 1nd fully as! understand it, and 1 understand this position of his to be neces- sary to another part of his argument, because, if the power to count the votes, which, | believe, he ex- pressly declares, is lodgea in the two houses by the constitution, and is not a general power to be executed by law, then this power must be exercised by the two hou: nly and cannot be delegated; where: simply a duty im; to count the votes, t gress may locate that duty wherever it sees proper by law. Tbe position of the Senator is that neither the Presi- dent o| the Senate is vested with this power nor are the two houses of Congress; that neither can exercise it im the absence of u law passed for that purpose, Aud thie brings us then to avery great fact, which is that for eighty-four years Presidents were counted in and imaugurated without any authority in point of law, The President of the Senate had no power to do it, beeause there was no law authorizing him to do it, The two houses had no power to do it, because there was no law authorizing them to doit, ‘It was a part of the constitution which had wot been carried into operation by legislation. Now, sir, is it true that for eighty-lour years Presidents wero counted aud in- augurated without authority o! jawr That would bea very great discovery if it were true. It would show that the men who made tho constitution did ot understand it, I believe that they thought the fires President and all succeeding Presidents were counted in aud imaugurated according to jaw. ‘They may have been inistaken ; their opportunitios for kaowing what (he constitution is were not so good as. ours, 1 suppose. They undoubtedly believed that the Votes were properly opunied tor George Washington, Jobn Adams, Thomas Jeflerson and so on. I buiieve that this power 1s located somewhere; that If it does not belong to the President of the Senate it beiongs to the two houses, [t is in one place or the other, But whatever may be the location in theory, that the two houses cannot exercise this power without logislation I think is correct. I think the Senaior from Vermont occupies @ gound position in that respect, and whatever wo may say about the powor of Congress to Jogisiate, and considering that as I have done herovo- fore and have presented bilis to the Chamber upon that hypothesis heretolore, yet that,in the absence of Jegisiation tho President of the Senate must count the votes; that this results not irom any theory, but ree sults trom necessity to prevent a deadlock, to’ prevent the government irom coming to a standstill; that un- til legislation has been had under which the vote can ‘ve counted by the two houses, or providing some tn- bunal for it, the Prosiient o! the Senate must count the Fote, and the vote was counted for seventy-two years upon that theory. If that theory was not correct then it was uplawiully counted without authority, and for three-quarters of a century this goverament pro- ceeded illegally. THR LAW ON THR sUnECT. Chagcelior Kent stated the Jaw on this subject as I think it has been generally understood in Congress and out of {t until recently :— ‘The President ofthe Senate on the second Wednesday in ucceeding every meeting of the electors, in th t both houses of Cong: js all the corti! then tobe counted, ‘The constit es not expressly declare by whom the votes are to be counted und the resuit declared. In the cxss of questio able voten and a closely contested election this power, may all-important, ry ¢, in the absence of asl legin- ive provision on the subject, that the President of the determines the resuit, and th present only us spectators to witness the cy of tae transaction and to act only if 20 choice is made by the electors. Now, conceding, as Chancellor Kent seems to, that there may be legisiaiion on the subject—a doc- trine to which I have subscribed—yet, tu the absence of legislation the President of the Seuate must dount the votes to prevent the government coming to a hait, and he hag counted the votes {or eighty-lour years, least for seventy-two years, from 1789 until the ti the adoption of the,twenty-second jomt rule, 1 do not in- tend now to go into an argument as tothe right of the President of the Senate to count this vote ugainat the wer of Congi 1 am simply stating what I have Rerevotore un tood to be the general doctrine—that 1m the absence of legislation the President of the Sen- ate must count the vote; that if now we fail Lo agree upon a bill we skould imply leave this question where it has been leit tor eighty-four years, and that the President of the Senate in counting this vote would be guilty of no greater usurpation than he has been guilty of for three-quarters of a century. Weare discussing this bill in the presence of a case. We aro —! at tn the presence of an actual condition of thing: sball be anxious to havea full bill adopved. T was exceedingly anxious to agree with the commitico in the recommendation of a fair proposition, but when woare preparing a bill in the presence of up, ready to be tried, the pape igned order, Linsist that itsnuil be a the conditions of things shall not be untairly changed. As l said before, I believe Rutherford #. Hayes 1s elocted President, elected upon the papers, elected under every torm of law: that he ought to be inaugu- that it does re so humerous 2. yw equail: rated, and that he must be inaugurated, unless a bill shail be 4 which shall allow bim to be counted out in defiance of the well settied princi pies of iaw. LEGATING THR POWKR TO COUNT. 1am not well enough, Mr. President, to go into the question to-day aa 1 should like todo, "1 wish'to say a few words in regard to this bill. If the po this vor vested’ im the two houses and President of the Seilate, then the duty must be formea by the two houses, It cannot bo delegated. ‘This was the precise point, ag 1 understand it, iu the Argument of the Senator from Vermont, because if he were to admit that the power is vested in the two houses under the constitution, he would be compelled to admit, good lawyer as ho ix, that that power cannot be delegated. But by placing tt as a floating power that is located nowhere until it is located by an act of Congress, then Congress would have the right to deposit this power with a commission, The commission created 1s a mixed commission—partly in- de and partly outside—five Senators, five Represent- atives and five judges, The judges areiaken not be- cause they are judges, not becuuse they are members of the Supreme Court, bat because they are mon of eminent character who bappen to occupy that posi- tion, Four of them are ebosen by circuits. The sen- ator trom Vermont hardly did himecit justice on Saturday when be argued that they were chosen by circuits on account o! geographical distribution, [hey were chosen by circuits, us 1 understand it, pot be- of geographical distrioution, but because of political antecedents of the men who preside in these circuits, When the bill, instead of naming the judgos, names the circuits it presents » harmless littio ‘sham that deceives nobody. Four judges ure taken by the bill because of their political antecedents—two on each side. Ini other words, the tour judges are se- lected upon political grounds, equally’ uivided, it is ward, in order to make the bill a fair one. Nevertheless a selection ig made in the Supreme Court on political grounds. If we are to deal with the Supreme Court-~ and I confess 1 looked upon that proposition with more favor than the other —I thought we ought to bave taken the whole Court, and not admit by any form of provision, that we believed politics en- ed into the Court; not divice it ap on political that the duties of that Court are by their political preposses- sions, but take the whole Court asa court. I thought that the least ovjectionabic. It is true the other day, when t was a coustitational amendment here ro-, ferring this matter to the Supreme Court I voted against. it; but 1 did so chiefly because it re-enacted an lection of the President by the House of Kepresentatives by States. But if we are to take an utside tribunal it acemed to mo tar better that wo should take the Court aod take it as a court—take all the jr dges, and uot pick around among them to vet an equal number on political grounds, 1 thought that was a biow at tne Court add would do it more injury than any course Wat could bo tuken. They are to take a uith; four judees are elec! fiith, There is @ very grave question preseuted right at the threshold. What is the character of th ommissioners? Are they oilicers? They are sworn, The very vighest duty is imposed upon them; the decision of the ureatest case that can arise under our institutions Lf they are officers, are they vot to be appointed as otner officers under the Constitution of the United Stites are appoimted? Can we take four men vy nate and authurize them to ap- pomt a fifth and submit to this court thas organized this great case? Is 1t not a court to all intents and purposes? You cull it a commission, but names are nothing It is @ court invested with the very highest jurisdiction to decde both jaw and fact, charged with deciding = the question, are tho powers of each or of both houses of Congress? and expressly charged with finding the tact as to who have been elected electors for President of the United States, If it isa court, should it not be appointed as the constitulion requires other courts to be? and, it these men are public offi. cers, sboula they not be appointed us oilicers of the United States are required to be appointed? A CONTRIVANGE, This is a contrivance, to use the very mildest words, Aconifivance, a patched op thing; live Representa- tives, five Senators, jour judges first, and they to choose a fifth thus this tribunal 18 to be creatod, tha ® President of the Untied States. ‘There ure no analogies tor it 1b our constyution, oF in our jaw, or in our history, We bave bad no tribunals made up in that way. If_we were to make this tribunal oxclusively in the two houses; make it consist of Representatives and Senators entirely, and there, the question would ul arise, Can we do ity If the decision Of this question belongs to the two bourses, can you Jenve it to a few members of abese two houses to agree to be bound by tneir decision? Can 8A law in that way? Can you, by jomt roso- or by bili, horize A conlerence committee to pat law to make it binding unless it is reversed by @ majority of both houses? Committees are but ta- cilitves of Congress, und tweir action amounts to nothing uniess ratiied by Congress, ‘Ihe decision of a conlerence committee nmounis to nothing in point of Jaw until afier both houses shall have con- firmed its action; bat here you create a com- valid unless reversed by a majority of both houses, Here is a clear tion of power. If it were pro- pb ny Saee ir otk pone g a be valid wow! contirm: could just power, provide that i 1 be binding uuless reversed by two-thirds of each bouse, or you could provide that it should be absolutely binding aud that there shail be BO uppeal at all, Here you create acourtand you sea *n appeal from this court, not toa bigher court mown to the constitution of the United States, but ‘ou give an appeal to the Congress of the United provided thatit the appeal shall be sustaimed by both houses concurrently the decision of the court below shuli be reversed. 1 will say one word further in regard to the bill. Is ig a fundamental principle of law in connection with election of a Pre: sagen and defining rights of the States, tuat the action of the States I be received unquestioned by the Congress of the ted States, or by that power—whatever it may be— ‘that shall count the votes, and any authority conferred upon this commission or that might be conferred by ‘ab actual Congress upon the President of the Senate, or any other agency selected to go bebind the Return- ing Board of a State and count the vores would be, in my judgment, a gross violation of the spirit aud letter of the constitution, revoluwonary, and the end of Presidential elections under our system, THR JURISDICTIONAL PART, 1 wish briefly to call the attention of the members Of the Senate to this bill. peak of the jurisdic- tional part; of that part conferring jurisdiction upon this commis: ditiethe vital part of the Dill, We need not deceive ours for @ moment about this business. We know that both parties are looking intently to that question and at that particular point. We need not affect to be oblivious of it here, but we understand that the deeision of this Presidential ques- tion depends absolutely upon that question ; for if the principle shall stand that the action of the Stato au- thorities—those who are appointed vo count tho votes and to say by State laws who are elected—Ratheriord B, Hayes is elected, and Mr. Tiiden cannot be counted iu except by overturning that principle, [tis ali tn that, and the able jawyers of the democratic party on this floor and everywhere understand that just as well aswedo. Lcallaitention to that part of this bill which gives (he jurisdiction to ths tribunal, Every objection shall be made in writing, and shail state clearly aud concisely, and withont arvument, the thereof; shall be. signed by at loust one senator aw member of the House of Repres he ceived. oh wl} When ali proceed to the same powers, if any, now possessed lor that purpose by the two houses acting separately or together, 1 may here remark that the bill proceeds upon a theory diferent from that of the Senaior from Vor- mont in his argument, He assumes that the cousuta- tion does not locute this power anywhere, Dut that it is to be located by law, while tho bill goes upon the hypothesis. that this power is located the two houses, and that this: commission shall have what the two houses bave, more or less. Which shall proceed to consider the same with the same pwers, IC any, now possessed for that purpony by the (wo houses, acting separately or together, and by w watjority of votes decide whether any aud what votes from are tho votes provided for by the constitution of the und how. many aad what persons wero ed olectors in such Ptutes, aud may th gions, deposit! ns and other papers if aay, as ) constitution and now existing law be comperent und pertinent in such consideration. First, they are required-to find wuat were the con- stitutional votes of a State. They aro required to do a thing there which, in my opinion, the constitution does not authorize—whother the power to count the votes be vested in the Presidont of the Senate or in the two houses. They are required to find, Jor exam- ple, Under that provision, whether the electors were eligible or imeligible as ty their qualifications; while L maintain there 18 no time or place under the constitution, when the votes ate counted, for an inquiry of that kind. The duty is short and simple. The President of the Senate snall open the certiticates in the presence of the two houses, and tho vote shail then be counted, There is but one thing to do, and that is to count the votes. There is no time, there is no place to try the elegibility of the olectors, Suppose it should be said, if you picage, that the President himself, the candidate, is not a citizen of the United States; that he is not eligible to be ciected, and that the charge should be made when the votes aro counted, The cundidaie takes issue; he says he is a citizen, was born im this country, Ur ho s he was thirty-five years old. ‘That may be nied, and issue of fact arises. Can you try that issue then? Will you count him out because you say he 1s not thirty-five yeara old, whon he says ho is? You cannot try that quo Wall y count him out because it 18 not born inthe United States? Ho says that he was; that there aro those living who were present and can prove it If that issue is made you cannot possibly try it at that time, and so with regard. to electors. If thoy suggest that an elector was not eligible; that he was post- master, if you please, He may deny tne fact; he may msiston the fact that be hud resigned bere that time and hig resignation had becn accepteu. Is there any time or place there to iry the issue of fact whether he was postmaster or nov? Whether he was qualified or not to become un elector? No, Mr. President; whoever jay count the votes there 18 no time or place when You count the votes to try that question. ‘Tho two houses are to come together; the President of the Sen- ate 18 to open all the cestificates; that does not meug every kind of certificate that may bo placed in his possession. It docs not mean any paper that may purport to be a certifionte, bus he is to open all the certificates from the electors of the several States und the votes shall then be counted. The votes in those certificates, be they good, bad or indilferent, be they for an alien or be they for ® citizen of the United States, at that time and that place there is bing to do, and that 1s to count the votes, jot qualified to be elected, it may tor was not qualitied to be an elector, but you cannot try that issue of fact then and there, There 18 but one thing to do, and that ts to count the votes. The President of the Senate has bis duty, and that is to open the certificates that come irom the eiectors of the States. He is not bound io open certificates from ketene authority, from out- siders, Irom persons unkuown officially. Lam going on @ little further, Mr. President, This bill requires tho commiseion to find the facts whether these vicctors were duly appointed. We will just put the word “elecicd” instead of ‘‘appointed;” for jn this ‘Connection it means che su thing, They are required to nd, Were these clecto: duly appointed? ‘They are not required to find whether tuey bave been duly certitiea by tho State authorities ag having been olectod, No, sit; but they are required to find the fact, Were they duly appointed or elected? if it bad said that this commissivn shall find how many eiectors there were, aud whether they wore duly certificd as having been elected by the State authorities or the Returning Board created jor that purpose, we could understand that; but thoy are re- quired ‘w find the fact as to who was elected, mM of dact then, id he an thus, as I understand this bill, they are required to go belind tho returus from If ‘twas intended tbat they should find who had been certified by the State as having been ap. pointed or selected that would be simple and easily unverstood. But tho bill quietly and inocently re- quires the commisston to tind the tuct as to who was duly elected. Then tt provides that lor that purpose they may therein take into view such petition-, epo- sitions and other papers, if any, aa shall, by the con- stitution and now extsung law, be competent and per- tinent in such consideration. In finding the fact as to who was duly elected they a authorized to take into consideration petitions, unxword evidence, depusitions, papers of ail kinds, everything that may be put in for the t tion of Congress, I! these things are not to be cred in determining who has been elected then the reference is useless. If this commission is to be con- trolled by the State authorities, by those who have been cortified as elected by the returning officers of the several States, then they have no occasion to look At these petitious, memorials and reports. The bill invites them to ‘lovuk at these papers, invites them for a purpose, and there can’ be no use in looking at (hem it the other principie of law is to be observed, that they are to be yoverned by the returns made by the officers of the seyeral States. Now. Mr. President, I think I do the intelligence of these distinguished democratic Senators but justice when 1 gay that they would not go for this Will except that it gave them ‘a chance for the only thing that can count Mr. Tilden in, and that isto go behind the returns. Outside of that be hae no chance, no possible hope; and that these distinguished and eminent lawyers go for a pill which at the very beginning cuts of and shuts out this their oniy bope I must be excused for saying that I do not believe it. Mr. President, I am not ablo to proceed further to-day. SPEECH OF MR. FRELINGHUYSEN. Mr Fretivouuvary, (rep.) of N, J., said:—Having been appointed a member of ul pecial commitiae which framed the bill in regard to counting the elec. toral vote, and having to the best of his ability discharged bis duty, he felt he could not remain silent. While the reflecting and patriotic people of the country wore interested in this measure to the extent that the dignity of tho government should bo imuintained, that no baa pre- cedent should be set, that the peace of society should be preserved, there was a hope that tho great national Legisiature would do just what was right. The early commentators on the constitution predicted that the greatest peril to this country would — be in the succession to the Presidency, The administration of this government, with its immouse patronage, was to be handed over to the resident by one vote out of the 369in the Electoral Colicges. There were many persons who believed that some States Where majorities were given for one party re- ed majorities for the other party, There wero 'y honest men in both political parties who belioved oy wero tw be deprived of tneir rights, while the office- bwiders and oflice-seekors only added to the excite- ment. > DUTIES OF TAH HOUR. It there ever was a time when the representatives of the American people should rige above party preju- dicos ang and with true courage and determing that they wori int of nsibility, At ail evenus Senators must do their duty, whett it pleased their constituents or not He had no doubt that the complication which now seemed to imperil the government would be adjusted vy Con. gress und accepted by the people, and the siret this nation, developed dur: he , Would cal lorward into a new ora, w would bave ren fidence in our insututions, He believed th: would enter upon a degree of prosperity which had but lew Nels, He thon ref fea ie th { ; believed the measure mot the republicans than it di | returns trom the State, would seek to take no unfair advantage of the opposing , and he would be the last man to sacrifice the Toe ct than gress party of liberty whieh bad stood by the government tn its hour of peril. TMM TWRNTY-SECOND JOINT RULE. He then relerred to the lave twent rule, and sai it had been used tor when both houses of Cougre: hean, Those who were opposed to this mous- onee that un the rule ten years, while both houses blican, or even under the bill which passed the Senate at last session, there would be a sorry pros- peet tor having the votes of eithor Louisiana, Florida or South Carolina counted with the rule of the last ten years against the republicans as precedents, Tho democrats in Congress had acted with great iairness in joining with the repubiicans in reporting this bill, POWER OF TILK VICK PRESIDENT, He thet referred to the power claimed for tho Presi- dent of the Senate to count the electoral vote, avd raid if the power to count that vote was vested in tho President of the Sena ‘hy had it been exercised by the two houses of Congress during the last ten years ? He denied that power to determine and count the votes waa vested in the President of tho Senate, and said it would be a wonderful power to repose in one man. Suppose, during the lave rebellion, the President of the Senate had held that the Union could not be dissolved and insisted upon counting all votes which might come ap 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 Con- gress the duty of deciding upon and counting tho electoral yotes, and Congress was bound to perform ls would be great negligence now not to tion to that end. POWRKS AND DUTIKS OF A STATE, Mr. Frelinghuysen then spoke of the powers and duties Of a State in choosing Piesidential electors, and in regard to the clause forbidding any government officer from being an elector, suid that provision was a mandate to the State and the State must entorce it, The State, no doubt, could restrain, by proper jucictal measures, such official fro " acted even tho State could not set his vote aside, appointment of clerks was confided to tho Stat Congress must accopt the State’s conclusion just as the judgment of a court must stand, gress could nob bo a grand returning board to investigate the votes of 8,000,000 or 10,000,000 of people. He denied that Con gross had the right to go bobind: tho clocroral certitl- cate, and said the provisions of the constitution were inconsistent with the idea that Congress could do so, He then spoke of the commisston authorized by tho bill reported by tho select committee, and suid it would have ony such powers as were now con. ferred upon the two houses of Congress Ho bad no tea that the Mftecn members of this commission would decide that Congress had power to go behind IL might ve said, if that doo. trino was true, there Was no necossity tor sending Congressional committees to Louisiana to take testi- mony. There was use in sending such committees to that State, as the Prosident should know of the trae coudition ot aflairs, so he might know which govern. ment to recognize im caso thero were two. Ho be« Meved that the republican party, which was the party best calculated to promote tho intoresia of this coun- try, Would rule it for a generation to como, THK OREGON CARR, He then referred to the Oregon caso, and said it was not necessary in that case to go behind the returns, Cronin said (here were two Vacancies in the Electoral College, while Cartwright and Odell said there was out one, Tho only question to settle in regard to Oregon. was whether Iwo or one was a majority and quorum of three, and as two was the majoriiy which legally filed the vacancy thor return must be countod, He argued at some length tn favor of the constitu. tionality of the proposed measure, and said the failure of Congress to pass the bill would cast upon the out going President the duty of determining to whom ho should transterthe government, Every consideration of justice demanded that Congress should pass this bill, If ‘all the patriots of this country should assombie on one vast plain, their prayers would not bo for riches, ‘but if would be (hat this land might be delivered from the banetul influences of party strife, Tn conclusion he spoke in favor of placing the best men in power, and said if the prosent difficulties should be adjusted the mation would profit by the lesson and would be tho most bappy and prosperous on the face of the earth, ‘ No other Senator took the floor and the bill was then reported to the Senate, the question being on its third reading. cond joint ten years, were Fepub- KFFORT TO DELAY, Mr. Sugrmas, (rep.) of Obio—Tho Senate should bo content with the arguments of to day; the vote upon iil should not be pressed. He, therefore, moved that the Senate proceed to the consideration of execu- tivo business. Mr. Epwuxps, (rep.) of Vt., said if this Dill was to be passed the first act to bo done ander it must be done a week {rom to-morrow, He did not care whotner the debate proceeded to-day or not, but the bill should be disposed of to-morrow, and he would teel it to be his duty to ask the Sento to vute upon it to-mor. row, wo matter if the Senators did grvo a night to their country. The. bill must go to the House. It would take at least three days to consider it there, and the President of the United btates should have a reavonable time to consider it, With the debate on this very subject at the last sussion of the Senate it wag hot unreasonable to ask the Sen- | ate to be somewhat prompt im disposing of the matier one Way or the other, REMARKS OF MR. SHERMAN, Mr. SHERMAN sald thero was no necessity to vote to- morrow upon this bill. It took a committeo of the | two houses of Congress several wecks to form it and now it was proposed to pass tt after Senators had only bad an opportunity to devote a day or two to it, The | bill presented novel questions; of courso both houses | would debate {t, and there should be no baste about passing it. He thought his honorable friend from Vermont (Mr. Kdmunda) would | contribute to the order and dignity of the Senate by not hurrying this matter, He (Mr. Sherman) was per. fectly willing tu take a vote on the Dill this week, and | there would be ample time then for the House ot ‘Rep- | resentatives and President to consider it, Mr. Evmunps denied that thero were any novel Propositions im the bill Jt was only novel | and starthog as it might affect the viows of | certain gentlemen, It did not proposo that either | side should enter into # race to see which could get possession of the White House fret, His {riend from Obio (Mr. Sherman) had discussed the very priuciples of this bill at the last session, The Senate was dri jug day by day toward the inevitavlo hour which the law, aw tt stood at present, fixed for tho oiectoral count, | id BO Man could say What would be the result uniess some such mea as thig should be passed. Mr. SueemMan sajd when he deciared this bill con- tained novel propositions he only said that which everybody in the country Knew, It proposed a blends ing of two distinct departments of the government, | Ho argued that the President of the Senate had power | to open and count the electoral yotos, but uncer this | bill the whole of the great question of electing a Presi | dent was to be transferred trom the électoral colleges | toa tribuual of four justices of the Supreme Court who were named, aud the filth one was leit in doubt or to chance. The gentlemen of tho committee had examined this | measure and mado careful com | Other's views; but thero was no r passing it. He thought the members of the committee should bo heard trom in regard to the bill, Mr. THURMAN, (\lem,) Of Obio, sald the members of | the commitiee bad been heard from by the written re- port which accompanied the bill, by the elaborate speech ofthe Senator from Vermont (Mr, Edmunds) on Saturday and by the able spe ch of the Sen- ator from) New Jersey (Mr. Frelinghuysen) to- | dgy. There had been but one very brief speech | on the olber side. ‘there was a duty on the part of | those who approved the bill to say upon what they approvea it. He w: humility displayed in the committee to warrant bin in saying that the committee did not deem itself tn taluble, and they would be glad to have their work | criticised by those opposed to the measure, | Mr, BaYand, (dem.) of Del., said the time fixed for | this bill to become a law, if st should ever be oue, waa | meusured now by days and not weeks. While his gen- | eral views were contained in the report which accom. | panied the bill, yet he ‘eit that every member of | the committee should give expression to his fuith in it, though he would not retard the passage of the bill in Order to express his views upon it. He | would have sat in silence and permitted this bill to | bave been Voted on to-night, delieving it to be just and essential to the weliure of the country. Those who were opposed to the bill should give their reasons for oppostuy it. He hoped it would be disposed of to morrow, So far as tho Senate was concerned. Mr, SHARMAN jngisted upoo his motion that the Senate proceed ty the consideration of executive busi- hess, and it was rejected, Mr, SuerMan said if the United States Senate, under the lead of the Senator from Vermont, wanted to carry ‘Unis bill through without vebate while popular opinion was considering 11, let ithe done, He wanted to say something about it bimself, and might want to amend it REMARKS OF MR. KOMUNDS, | Mr. Epmunps said the Senator irom Ohio acted a | good deal like sutiors in a boat approaching # caturact, | One saul, “Put out un oar on this side,” and another Man) cpuid take the noor now and go on with bis speech to-morrow. SPEECH OF MR. CAMERON. Mr. Cauuron, (rep.) of Pa., erid be Gis tgh edt in forcing this subject now, In his opinion the was wrong. Ho looked upon it as @ democratic meas- Ure-—a measure in the mterest of Ti! and calcu- lated to elect him President. He would like np od from the democratic Sovators in the bill, He was prejudiced against ali come Promises, compromise made bad bern Fuinous to the country and destructi making it, The author of the Missouri compromise was ruined, and he (Mr, Cameron) hoped tho Senator from Vermont (Mr. Edmunds) would not place himeelf in @ position to be ruined, because be (Mr, Cameron) loved him, Three members of the Select Committec, eo the part of the Senate, had voted to gratify their opponenta He did 4 beheve tl were three members of the democratic Pm tn the Senate who wold vote against the bill. He objected to the bill because 14 made Judges of the Supreme Court partic sans The commission authorized by he bill was a political court and cach party was trying to defeat other by getting the ftth Judge on its side. Hi soon would it be after that Court decided who was President that every member of it would be alter places for his sons, sons-in-law and cousing (Laughter.) Ho thought the republican the goodness of their hearts had given away too much to their democratic friends, Mr. Epwunps again gave notice that he would en- deavor to have a vote taken before the Senate ad- Journed to-morrow, The Senato then wont into executive session, and when the doors were reopened, at half-past tour o'clock, adjourned. HOW SOME LAWYERS VIEW THR JOINT COMMITy TER PLAN—A BRILLIANT EXPEDIENT BUT 4 DANGEROUS PRECRDENT-—-18 IT CONSTITU- TIONAL ? In view of the reported intention of the Bar Asso. ciation to call a mooting te consider the constitutions ality of the pending Di for settling the electoral vote muddle, an oflort was mado yesterday by representa. tives of tho Hxkatp to obtain the individual views of somo members of the logal protession on the subject, Aly the gentlemen called upon considerod the plan a brill. fant expedient, but feared it would prove a vicious precedent. The rst 1awyor quostioned was Mr. Sam- uel J. Courtney, ex-United States District Attorney, Revortser—1l understand, Mr. Courtney, it ts pro- posed to call a meeting of the Bar Assoctation to con- sider the constitutionality of the Joint Committee bill roiating to the sottiomont of the electoral vote. It you have given the subject any consideration I should like to obtain your views, YAIR, HONORANLK AND CONSTITUTIONAL, Mr. CovntNky—-From tho time the controversy re specting the electoral votes of Louisiana, Florida and Oregon became a subject of discussion T have exam- inod wita somo eare tho questions involved in the counting of the electoral votes of those States and concluded that some *Congrosstonal action would have to be resorted to for the purpose of overcoming the diMcultion I never believed that the constituvion vested in the Vico Prosident—the prosiding officer of tho Sonato—tho right or the power to act judicially in tho counting of the eleotoral voto: RaronteR—What doyou think of the bill now bofore the Sonate for regulating the counting of the electoral votes? Mr, Courtyny—I delieve tho joint committes of Con- gross charged with the duty of traming a bill tor she counting of tho electoral Votes have performed that duty conscientiously, without partisan feeling, and partioncally. I believe that on the 7th of November jast Tilden and Hendricks were lawfully eleoteu by the people Progident. and Vioe Prosident of the United States. Others differ with meo,and trom thet standpoint honeatly believe that Hayes and Wheeler were so elected. Inthe history of the government no such state of affairs has r oxisted asthe prosent shows, Partisan locling has been excited, self-interest brought into action, and party spirit is plainly vieibl 80 much so that sumething Was required to take thie question out of politios and to find some way by whith 1t should be solved honestly, fairly and without viola. tion of constitutional provisions, I deem the bill pi sonted by the joint comiuitioe as fair and honorable and in strict compliance with the terms of the consti- tution. [think every fair-minded man, unbiassed by Partisanship, will cordially waite iv urging the Repre- sentatives to vow for it, Already the effeow ot its expected passage are felt in this cy. Mor. chants aud busines’ men generally are much encouraged, and anticipate on ite udopt perity and success, lu my opinion every vl (he community should st of the extraordinary jn preces board pro political affairs, Thi posed by the announce with satisfactory reasous to the entire peo: plo whether Tilden or Hayes has beon elected Pres. dent, whatever tts decision may be [ am satialies the people will be content, ReronrexHave you talked with any of the mem. bers of the legul protvssiop Lo ascertain their views on the subject ¥ extent; I have discussed Mr. Countyky—Not to an; it casually with some, and those gentlemen agree with me substuntially in the views I nave given yo Revorter—Have you looked into t the Oregon voto ? Mr, Courtyxy—I bave looked at the decisions in diterent States red to by Governor Grover in ae. tence of his action, 1 am not prepared to ay Lafond as atier of law, he iw right or wroug in his concla. sivus. No one will pretend to claim that the electoral voto of Oregon, sotaras Cronin is concerned, should be cast for Tilden. The returos trom Oregon show that the elecioral vote of that State was cast tor Haycs aud Wheeler, and morally they are entitied to the three electoral votes. I would not give much for Mr, Tiiden’s chance it he depended upon the electoral vote of Cronin to make him President The ,logality of, the election of Watts be deter. mined vy bh probability will bo ret Mr. H. L. Burnett gave aa elaboral subject, Betore gomg into subject legally he said that ment of the vote he has thougot that it would be to the future wellare of the repuolican Lng Fs u democrats to go into power lor tour years; 8 ifthe republican party should go into possession of the gov- ernment while there existed a well fouaded doubt in the minds of a large number of independent and right- minded people it would turn the sympathy of thas elomont strongly toward the ranks of the democracy, On the other band, if the democrats secured power while many people belioved that iypua and violence had been exorcieed by them in Florida, South Carolina and Loutsiana, this same independe! ment would opp thotr administration and their lease of power at tho next general election. “INSURMOUNTADLE OBJECTIONS”? TO THE PLAY. Alter making these preliminary and general re. marks Mr. Burnett addressed himsell to tho legal aspect in which be has viewed the plan proposed, He suid:—"'l bave caretally examinod the bill appoiotiog the commission to count the votes, and have read with interest the very honeat and able speech of Edmunds, To my mind there seem to be insurmount- able objections tothe plan, Asaiawyer!l would ob- Ject to the #1 Court or any member of it tak any part i on of & question involy: constitution, except upon t question to that court in had formed agd 4 casu should be T think in certain position tho: having in an extra judicial capacity al- sion had acted and these five juuger expressed opinions on this quéstio properly brought before them (a: emergencies it might be) what a stra would be in, ready 4 upon It. ‘ this act to have force and effect would have to the dent, I ti 08 without the nity or sant tion of tho President, by joint aot! to nullity of tho very tribunal whic tes, Thon wo a have tho paradox of the House and Senate nullitying fi destroying that which it created a body to per- orm. “Again, there is a law which prohibits any porson from holding more than one offico of profit or trast under the United States, ‘It has been well suggested that It {6 pot clear how avy member of Con- resa or Justice jak: lace om this — cominissio: the bill to tion. The pow to open and count the voto under the constitution, in my judgment, was loug either with the President of the Senate or with the House and Senate acting jointly. 1 believe with the former. If with either, that power could not law- fuily bo transierred or delegated to any other Cer or body, 11 the House and Sonate jointly hold that powor, as has beon maintained by democratic loaders, then, they could no more create other power or tribunal to exorcise that power than they could create said, “No, that willdo po good. Put it out onthe | another powor or tribunal to enact laws and do tho other side,” So, while they were arguing the boat | work of legislation under the conatitution, wept over the rect and ail were Jost. Lt was a part “These my views of the question legally of the duty of is Sonato to Jegisiaie upon itsown | and constitutionally considered; but if 1 were opinion and not upon pop opinion. He to consult m: own feelings and wishes or thought he bad heard the ss jor irom Ohio | the money; interests = and of the (Mr. Sherman) say something of when the election had gone against the republicans, Senators must act on their own responsible judgments Wwhetber this measure was authorized by the constitu. tion, and secondly, whether it was expediony, His honorable friend trom Ohio (Me. Sherman) was not a a bit slow eleven thonths ayo when a similar bill was before the Senate, Now he hud discovered it was a difficult and novel subject. Why were amendments to ob ready now? Every day devoted to dela ‘as devoted to adversity. According to the customs of the Senate a year might be spent in high debate, The Senator from Ohio had no right to say that ho | (Mr. Eamunds) or ‘any one else was unduly pressing the measure. But progress must be made, Mr. Monvon said the bill ought to be disctssed. He id not delievo that this bill inust be accepted or wo would bavo war. He did not believe that there was any danger. Thore bad been threntsot violence. Lt had been | sald by a member of Congress in this city that 100,000 ten would bo On the 14th of February. The bad been a fort made to terrorize over Congress; to bull-doze the Senate and the House of Representatives into th option of thie bill, Hi did not believe thore wos a hail dozen of republicans on this floor who would vote (ur the bill if lott to them: selves. He thought the danger camo trom the weak. hes# and apprehensions of tho republicans themselves, Mr. E>MUNDS said be was afraid to do wrong, but ‘was not afraid to do right. Novody feared tho 100, meo, Ho had not even thought of thei ‘The sta ment of ¢ from Indi ‘ anybouy to vote this wecount his imagination, u tor tion was entirely in event for which this proposed legisiution was to Provide was coming ‘rapidly upon the country and it Mon must bo met, After all that bad been said he would unsent to the motion for an executive session, vut ve that would a: Sonate to vote on Tien + he bill to-morrow. ‘The senator from Ohi ame character | country = 1 (itr, Suors | Prosperity would say jet the bill bo passed and bave the question setticd one way or, the other, The country 1s much more interested Ih tho sottiomont itseli than in the means by which the Ket- Uement 6 to be arrived at, It seems to me, how- | evor, that it 8 not proper for men in whose hands aro placed the groat trust of government and resident making to be governed vy these diate com: | Hons, ‘They should bo governed alone by to support the constitation of the United ¥ considerations of what are the true iuter peuple for al! time,” A GUARANTEE OF A BUSINESS REVIVAL. their oaths Mr. ©. P Crosby hus aiso given the subject somo Attention and haw discussed the matter with many of tho protession, While, as a lawyer, he ts fully alive to the legal and constitational objections raisod against the pian, ho still recognizes in ita brilliant expedient for th relief ot ent stagnation. Ho dismisses tho objection of precedent ax of no account It not probable that the vote of tho people will again be led as in the last election, nor 18 poss iter the present experienco Congross wilt ai- Journ without definitely providing for future cowtin- wencies, He ig decidedly in favor of the bill and bee | eves that il it is passed trade will again revive aad rosperity return, | F The Tollowtux petition lias been circulated through+ | out che city and is being extensively signed ;— | To THe SENATE AND Houss OF RRPRRSENTATIVES I= ‘Tho undersigned, doing business in the city of New York, earnestly request your honorable bo ry your Bavetion to the plan of the Joint com: the Senate and House of Representatives teen mont of the residential Business is t | aba standstill, the m Jpn fad de: er ton and anxious, every industry o} count wy ble bodies tor ing, and the peoply look to your hesoral y relief, Yous, Jan, 4% £37). .