The New York Herald Newspaper, January 24, 1877, Page 6

toward Azone might mako him President of the United for cce yeur or four, 1s one man so consti- tuted « safer repositury of power than a majority of the two Looses? Mr, Suxvmos—in a republic? Mr. Coyaurna—-Yes, in thte Republic, the only @onsiderabié experiment of free government extant ou the That experiment which, should it fail, Wouid tnrn back the clock of ages on the dial. If the constitution means this one man power let every mun bow to it, In mystery though it be. But! do vot so read, I cannot ev read, The cauons of construction and the genius of tbe instrument, everything rebels against a conclusion so puerile aud 40 perilous, PRECKDENTS CONRIDERED, Sir, President, 1 have been thus far stating my own Seanovlng the text of the eoustiiution, Les me now, us [ would 1 had before done, ascend toa higher Fegivn, Let me inquire what has boen done by tilus- ‘rious men sworn, ax Wo are sworn, to execute the constitution, Let me inquire what las been doae Since the constitution was launched and before, Lot me begin with 4 resolution which has been adopted by the Constitutional Couvention, which has beeo led as aetining the jurisdiction ordained by she constitution, On the Lith of September, 1787, the Constitutional Convention adopted two reso- Jutions, They were transmitted to the Congress of tho Coniederation. The Congress a lew days afterward, On the 28th, accepted the report without acting upon it otherwise. These accompanying documents aud others Were sentto the States with the constitution, which constitution was propounded tu be ratitied or rejected. One resolution recommended that the Xeni should appoint a President tor tho sole purpose of opening and counting the ral votes, T have two or three observations to make upon tt, ailof which, perhaps, were not made by the Seuator from Vermont. In the first piace, the whole procee ‘wg ante-dated tho constitution; it was before it was Fatified; it was bofore it was proposed; yevlogists Would say it is pre-historic, It was « prefatory, a provisional procecting. lu the language of the resolu- lion, “proceedings were to be commenced under the Fur constitutiol ‘The ship waa to be launched, aud tho fauneh wight be by the sails or the machinery of tho vessel, or by exterpal avd imparted Joreo; it might De, as tho French would say, by an impulsion, as’ those who launched it chose to make it. The resolution did not profess to define OF prescribe any power; it merely designated an oc- ousion and referred the objects of that occasion. It did not profess to conform to the models which the constitution would bring in. The constitution directed that the electors should coud their certiticutes to the President of the Senate. Thix resolution suggested that they should be sent to the Secretary of the United States. Who was that’ Why, it was the Clork of the old Continental Congress. They had but one House and had a clerk and this was the man. The resvlu- tion did not even propose thas the counting ahould tuke place in the presence of the two Louses, whoever was to doit, But what further? George Washing- ton had been unanimously elected President. Every elector had voted forbim unanimously. Ail those who hose clectors had voted unanimously, Everybody knew it would be so from the beginning. John Adams was overwhelmingly elected Vice President, ‘he so- lewnity of the proceeding of declaring that election was like the solemnity of the Secretary of State when he announces that New Yeur's day, Fourth of July or some other legal holiday’ has arrived. ‘The time for commencing proceedings was the 4th of March, 1789, A quorum ot the Senate then was eleven men. ‘No quorum came. Invitations begging men to | Appear failed, until the 6tb of Api men at the cupital, Then they one of them was sworn in until the 8d of January afterwarc—1790, and these eleven unsworn Senators- elect assembled and commenced “proceedings under tho said constitution,” What did they do? They | ere this order, to which I crave the attention of the jenate:— ORDER OF THE FIRST SENATE. April 6, 1789, ordered thut Mr. Elisworth inform the oure of Representatives that a quorum of the Senate is formed; that a President is lected for tho sole purpose of ening the certificates und counting the votes of the jectors of the several States in the choice of a President d Vice President of the United States, stop there for 2 moment. The resolution pro- coeds; but stopping there, I ask is that a prescription of authority or jurisdiction? Let me inquire in two ways, Suppose at the last session of the Senate this order had been adopted. ae Resolved, That Justin 8, Morrill, Esq., a Senator from Vermont, bo appointed President ot the Senate, for the sole purpose Of trying the impeuchinent against AB, the then Fespoudent at the Bar Would that resolution have meant that the Pre ident of the Senate was to do the whole matter of try- ing that impeachment? Everybody will say not, Why not? Simply because the constitution defines how much ana how little he shall do, When the Gov- ernor of tho state of New York by proclamation desig- | nates, as be often does, an individual name to bola an Oyer and Terminer for the sole purpose ol trying the indictment uguiust A B tor murder we do nov sup- pose that 1t means that he ts to be judg* and jury and to exert the absolute jus disponendi aud tne authority of the whole case So, had the regolution stopped here, it would indicate to me thut the advice it gave was that a President of the Senate should be chosen, not generally, but pro hac vice, a8 we should say in Court—chosen for a parucular occasion, But let me pursue the order:— And that the Senute is now ready in the Senate Cham- ber to proceed, inthe preseace of the House, to discharge | that duty. What duty? vote. Mr. SaRGxxt—Why not, then, open the certificates? | Mr. Coxkuinc—I thought I pad assigned that reason, Because the constitution had decided who shouid open the certificater, Just us 1 would vote, as I would be glad to do, should we ever be inflicted with another impeachment, that my iriend trom Califormia be Presi- lt seems to be to count the clectoral “ dent of the Senate Jor the sole purpose of trying the impeachment, and 1 should like to make it for all Other purposes. I shouid understand that the consti- tution prescribed wnat he was to do and what others were to do, “and that the Senate is now | ready in the Senate Chamber to proceed in the pres- ence of the House to discharge that duty, and that the Senate have appointed one of their members to sit at the Cierk’s desk to make a list of the votes as they thal be declared ;” aud ‘declared,’ I take it, means ead”? or “reported,” “Submitting it to the w the House to appoint oue or more of their members for the like purpose,” who reported—that is, Ells worth did—that he had delivered the message.” What did the House do¥ The Houso résoived that they would attend *for the purpose expressed in the message aelivered by Mr. Ellsworth.” I ask again, Whut was that purpose? They did attend, The iellers made the enumeration of the votes. What else oc- curred’ A committee was appointed to prepare tho certificates, word for word, which the President of the Senute should sign, and he was directed to sign that certificate, But belore that was done Mr, Madison cume io say that the House had directed tim to iuiorm the Senate that the House bad agried that the cicetion should be certified or notitied—now, mark--iu the mannee and by the persons whom the | Senate should ve pleased to direct, Had the coustitu- non directed that the President of the Senate should wriity or determine, what would the Hunse have to au with conceding to the Senate the making of that se- lectiou, or what would the Senate have to do with exerc.sing the choice? But the committee prepared a vertiticate and the President of the Senate wus com- mauded by the order of the two houges, or by the order of the Senate, to whom it was committed, to certify 11. WHAT THE CERTIFICATE SalD, ‘The certificate suid the President ot the Senate had | counted the votes, I have no doubt of it; Ihave uo doubt be counted them, If tbe truth could be known ulltue other ten Senators who were there counted them; they were curiosities in those times, Tho tellers made the enumeration; but what the teilers did, or what tbe President did, was at the command ‘and acquiescence of the ‘two houses. Suppose the committee of the Senate and the Senate had directed the tellors to sign that certidcate, might they nut bave signed it witb equal truth? Suppose they had directed the committee to sign the cerutcate, might not the committee have signed it with equal froth? But it is said’ the certificate smplied that the Presi- dent of the Senate bad exercised the power to judge and determine what shouid be counted, It is said, and wuly, that the alter certificates for many years were in the language of this ancient torm. Sothey were. Now 1 ask the Senate vw consider whether they mmeantur were intended tu mean that he who signed them had exer- Ciseu this power to judge and determine. 1 turo to Aaron Burr was Vresident of the Senate In his bad eminence, as depicted by the Sevator trom Obio, he won the distinction of betng not only clear- headed, but intrepid; and never was he charged with veing diflident of prerogative or distrustful of respon- sibility or seli-assertion, I ask the Senate to hear what Aaron Burr said. “The time having come to count the certiticates the President of tne Scnate NEW YORK H the tabalation read. He looked at it. lic was con- vinced of the enumeration, He announced tt to the gain, look February, 1797, The committees hud been appointed, as they always were from 1793, beforehand, for what? “To axcertain and report the mode in which the elec. toral vote should be examineu.”’ A boid usurpation if the President of the Senate bad the right! Toey bad reported, directing him, the President of the Senate, to do. vertam things, and on receiving the count from the tellers to declare the result. When he camo to declare the result, speaking ou bis oatn that the na tion might hear, what did he say? That he derived his power from the Constitution; that the constitution re- posed in bim this high prerogative? Ob no, air. WHAT JOUN ADAMS SAID. “In obedience to the constitution and law of the United States and to the command of both houses of Congress, expressed in their resolution, passed at the present session, | now declare by these votes” such a man and such @ man are elected, And now IT remember a remark of Mr, Chancellor Keat, which was read by the honorable Senator from Indiana, which bas olten begn read as authority against the power of the two houses to enact such a law, his remark, which I shall read, fell trom the lips of the Chancellor in one of the addresses ho made to college stadents, These addresses wore nob known by him to be the germ of those commentaries which, growing in exactness and care, increased into one of the most famous and copious repositories of the law, They were designed originally to beguile the heaviness of unwouted and unwelcome ease. He had Jott the Bench at sixty, the constitutional hinit, and, as he says in some touching words which preface this volume, he dreaded the heaviness of vacant hours, He went into the Columbia Liw Sebo! to hold disser- tation, general and elementary, designed to tnpart outline instruction of history and Jaw to beginners in the study of tho law. 1 think I must huve borrowed some of hig words, Yos, he says that “they are of that elementary kind which is nob only essential to every person Who pursues the science of the law as a tical profession, but ts deemed useful and orua- al to gentlemen in every pursuit,” Thas speak- young meu of aifluence who were laymg the ons of culture at lurge, we observe that the © he employs is naturally inexact, or rather sive aud wanting in judicial exactness, What does be say? CHANCELLOR KENI’S STATEMENT, In the case of qnestionable votes and a closely contested election this power may be all-important, ‘That isthe power to count, I want to stop bere a moment, and I will read again, to remind those who think that the count is mere arithmetic, of the conctu- sive condemnation involved in these words! Tu the ¢ questionable votes nnd @ closely contested election this powor may be all-important, Isubmit to my honorable friend from Indiana, if everything that comes, good, bad and indifferent, 18 to be counted, as you would say the multiplication table, 1 would pot be “‘all-inportant,’? It would not be of any importance at all if that was the law, Bat now bo saya :— "tnd T presume in the abseuco of on the suvject that the President votes und determines the present only 4s spect 0 count and the acenracy of the transaction, and to aet only if no choice he made by the electors. Mr. Prosidest, on that language J beg to submit three remarks, In the first place, “I presume;”’ I need not ask lawyers whether that is the term em- ployed by a great mugistrate long accustomed to ‘weigh exact scales with unfevered hand the questions that came betore him and to pronounce distinctly his judgment upon them. “1 presume’? is not the lan- guage of judicial conclusiven or exactness, On, no! Mr. Epaunps—It is a guesg, Mr, Coxxuino—A guess? Yes,a guoss; and avery pardonable form of speech when you consider what follows :— In the absence of all legislative provision. Does any man who holds up Kent as authority, after that deny the power of the houses to legislate? Or, to all legislative provision of the Senate counts the and that the two houses } put the equivalent of the proposition, does he main- tain that the constitution deposits with the President of the Senate this power? The constitution say “The President of the United States shall be ¢ mander in chief of the army and navy.” Does any mat suppose that by legislation you can say that the Secre- tary of State or Congress sbul: be communder-in-chiet ; or thut you can put anybody in partnersnip with tho President ascommander-in-chiet ? Does it matter that the power is expressed in words? No, sir. No mattor what may be theform of words if the power 1s depos- jted in the Chief Magistrate to be commander- jn-chief, in you, the presiding officer, to count ' these — vot there it is—that’ 18 the *‘be alland end ali,’ and if Chancellor Kent bi lieved that nothing could have been more absurd than the words ‘In the absence of alt legislative provision, ’’ he would have known that no legisiative provision could haye any more consequence thau the wind, ot whieh it is said, ‘No man kuoweth whence it cumeth or whither it goeth,”” But ugain:— [ presame, in the absence of all legislative provision on the subject, that the President of the Senate counts the vote Yes, historically hedocs, In the sense of narrative be did, Betore that conversation was uttered by the Chancellor, nearly titty years ago, historically od in’ the sense of narrative and in every sense casential to the truth of this stutement he aid sodo, You do a great many things, as the President of the Senate bad done in this Tegard, by the acquiescence and command ot the houses. You appoint committees, not only of conterence, but outer committoes. A standing rule of the Senate say; the Senate shail appoint com- But yet the President of the Senate doos it, Why? He does it by the quiescence of the body, as the organ of the body, under the command of the body, just as be signed the certil- cates to which I buve reierred, My houorable frieud from Muine (Mr. Hamlin) thinks that lama little inaccurate, Although it has nothing to do with the line of my argument, 1 beg leave to say to him that my recollection is that the rule provides that the committees shall be elected by the Sunate, and when our absent friend from kbode Isiand (Mr. An- thony), who leads us in such things, rises with list of committees he moves, I submit to the honor- able Senator from Maine that tne rule be suspended to avoid the ballot, and that those committees be adopted, and when a conference comuittee Chair inquires “By whom — sha the com- mittee be appointed?” and some Senator says “By tbe Chair,’’ and the Chair appotnte, Does he do it, in lawyer's phrase, ex proprio vigore? Does he do it by aright which inberes im bim? or does he do it as tlie reflex, the mirror in which 18 re- flected the authority and power of the Senate? Now, Mr. President, I say that the worda of Chaucellor Kent clearly mean that, in his opinion, the determination of the electoral vote was within the law-making prov- ince, 1 beg to call attention to the view of this subject— to the meaning of the words of the Chancellor—which hus been taken by those who are held in pleasaut and respectful memo?y by Senators and members who sit around’ me, In 1865 an occurrence arose which awakened shurp interest in this Chamber, ‘Tho words which 1 have read from Chancellor Kent were read, and Jacob Collamer, who sat bere from the State of Vermont, made somo ob- servations upon them. He s: nobody supposed that the Vice President could exclude thern—that js, ques- tioned votes, But f was about to say that I never hoard it doubted before that such a contingency as might well happen, because of the manner in which the constitutional provision was tramed, could not b provided for by legislation, Chancellor Kent, in tb first volume of Lis Commentaries, says, and then he quotes. Mr. Collamo r resumes He admits that it ix in the power of Congress to legislate, and doubts only whether in the ab: f leislation there exists any department of the government or any officer of the ted with the power to count the votes und declare the result: and in relation to that he is only able to bring himself to state by way of opinion that be pre- sumes the President of the Senate is to couut the votes and declare the result. But he presumes that only in_ the absence of legisia- tion. Legislation on the subject, therefore, according to the high authorsty of this distinguished jurist, is admissabic, aud, of course, within the power’ of Congress. ' My ‘eye tulis here, Mr, President, on words uttered by = your_—_ predecessor, Jacob M. Moward, of Michigan, whose attainments asa lawyer were recognized by'all who knew hin, Who Was one of the leaders ot the republican party, who believed as you believe and as I believe in th) party and in its inission and tn its record, respondent | | as itis beyond any other in arduous und illus achievements, Mr. Howard said ou this samo o sion :— T confess I do not doubt the power of Congress should they see fit to authorize the President of the Seuxte to count the votes after he has o i the certificates, but in sence of such statutory provision I nly could not eu cur in the “presumption” of Chancetlor Keot tac the Presi dent of the Senate would have the ri ount the votes and nee abs sard——’"? Mr. Mortox—Froim what page does the Senator read ? | Mr, Coxkiive—I read from the compilation on pase 36. Mr. Barr stated that pursuant to law there had Deen transmitted to him several packets which from the indorsements upon them appeared w be ihe votes of the clvctors of a President and Vice Presi- dent; that the returns forwarded by wail, as well as the upiicates sent by special messengers, had been received by him in due time. Now, | ask the Senate to observe he was addressing the Senators aud Repre- sentatives. | intimation declare the result. 11 is impossible lor me to conenr in this Mf that e authority, | shout |, fi d Kr PRACTICE OF THY GOVERNMENT. Mr. President, passiog over the resolutions of the cortiticates to woieh i have referred, snd the return of Chancellor Kent, which I have considered as the tree of authorities cited to tehold the doctrine whieh | am combating, | to coine to, and hope L may pase with more celerity over, the practice of houses of Co WHAT AARON BURR SAID. “You will now proceed, gentieme fount the votes us the constitution and laws dircet,”” idding that perceiving no cause for preference in the order of opening the Teturns he would pursue a gev- {raphical arrangement, Now, Mr, Presiaent, turn to the | feriifloate on te NOXt page, page V7, Tucre is the ancient form copied. undersigned certtles that | he has counted the yote,” although fresh on bis lips Were the words that the constitution committed it to tho yrepresentatives of the States and “the reprosenta- tives of the people. Take 1817. Indiana had come in. Yes, Indiana Was a State. Her Senators sat here, and in the House of Representatives sut Mr. Williata Hendricks, the an- vestor of oue of the candidates for Vice President, re- cently voted for. Mr. Layior, from the State of New York, when her certificate was read, rosc and said:— “] object to that vote.”? It was urgod that Indiana, having dispositions in those days foreign to Indiana now, bad cast her shoe ut over certain territory Which she did not own Ler. he said, “to | self; thi bad overreached a jittle and taken a part of I und some other crimes were laid at her door, in consequence of which these objections were made. oceurred? Did the President of the ume to del ine? M Varnum, a Fiorameatative from New York—and_ there was po twenty-second joint rule then, | my honorable friend from Obio to remember—in isi Varnum moved that the houses separate io ecite whether this vote should be cyunted er not. The two houses did separate, They did debate, They | did consider, Nobody suggested that the President of | the Senate had anything in the world to du with. it | Bat in 1817, as osaal, is this identical certificate, | The tellers made the Gnumoration, the two hou: conducted the count of the vote, the ofthe new Senate did nothing excep what they com- Bianded bim to do, They proposed the form ot tho y directed him vo sign it and he did, rtiflcase stated that he counted tho votes, the arithinotical sense, He heard the : doubt bo did, € the government for eighty-whree years—irom 179% 1877. Uncil 1889, as elector: otes were be counted, were falsed by oi house in | ad ascertain and — report the mode in the yotes should be counted and ped, Ths right wus never questioned. ent of the Senate, uo mom ber of ib r house aver, iuterposed a challenge, When the frived the two houses directed te whole pr ings throuzbout. They framed the cer- Ulicate, they directed it to be sig! . ihe man who signed It was the organ and representative of the two houses. Tellers \ 4 appointed, and tellers enumerated the vot Mr. Conkling here announced thnt Le would not be able to conclude his remarks to-day. HOUSE OF KE ENTATIVES, Wasuixeroy, Jun. 23, 1877. Mr. Pierce, of Massachusetts, presented a memorial of merchants of Boston in favor of the Compromise Dill, and aeked that it be read, The reading was objected to by Mr. TowxseNp, (rep.) of N. Y., which drew from Mr, Pierce the remark that the gentioman objected to everything jooking to the setuement of the Presidential question, Mr. (dem.) of Mo., also presented a me- mortal of citizens of St. Louis in favor of the Elec: toral Compromise bill, and asked that it be read, xxn, of Now York—t object, (dem.) of N. ¥.—-Republicans object, charged us with couspiracy, Mr. Wittis—Yer; and you are one of tho con- spirators. ', Willi#—You are the man who | | Was to his mind most impressi member frum South Carolina and took the tron-clad oath, The House then proceeded te the consideration of the resolutions reported by the Committee on Privi- leges, and was addressed by Bir. Seclye, of Massachu- setts, SPEKCH OF MR. BRKLYE. He said that although tho resolutions were sevoral the question underlying them all was single, In his judgment it was one of the most important, and wero it not that the current report of the committee on counting the electoral vote superseded it, the most iinportant question likely to come betore Congross. Suuply atated, the question was whether a single house of Congress ceuld the sole judge ot the unlawfulocss of rejecting what * pr ported to be an electoral vove; stripped of all its guises and seen 1n its naked Issue, the question was whether ove branch of Congress, which, in a certain contingency, was to elect tue President or Vice Pres- ident, wus to be the sole judge, witbout the concur- Fence and against the consent of the other house; whether the contingency which conferred Been it that great power anid high responsibility had come, In other words, the question was, whether the Honse of Representatives has the right to make the opportunity Which pats the election of the President in ity power. ‘This was the single question underlying all these resoluttous which four members of the Seleet Committee on Privileges affirmed and three denied, The doctrine hud down in these reso- Jutions be declared to be a libel on the letter and an entire perversion of the spirit of the constitution, He could but regurd such a doctrine as both mon- strous and revolutionary, He had no words better to express his sense of its meaning than those which tho distinguished and accomplished Senator from Delaware (Mr, Bayard) used on the 13th of March Iast, when be denounced this very doctrine as “an ulter usurpation, utterly without warrant 10 the constitution, dangerous in the oxtreme und throat- ening to overthrow that spirit of popular liberty which underlies the framework of our system.” Ho knew that those who now sustained that doctrine pointed to the twepty-secoud joist rulo as afording support to it, but be beld that that rule was foreign to tho constitution and might be fatal to the hbert of the country, and ought to be denounced by every party. He was not surprised or displeased at the mis- chiel now threatening to come down in the teeth of tho party which first devised that measure. Neither should be bo surprised or displeased if ho found the same mischief coming down tm the toeth of whatever party proposed to protit by it, jor in this | world God reigns—much and often as that fact 18 ig- | nored—and justice and rotribation were not mero figmenta of speech, but supreme realities, to which pations and parties a4 well as individual men must eld, se He unplored the House to pause and consider well before it took a step which would make the President of the United States the creature and the tool of the House of Representatives, {t became them to guard woll State rights, that principle of local sell yovern- meut which wag an Anglo-Saxon birthright and the dearest of American privileges. In allowmg the States to be humpered, either by Congressional or Ex- ecutive interference, the body was not strengthened and the members were weakened, BOTH PARTIKS CONDEMNED, Une thing in the late election was beyond dispute, and that was that in certain quarters both parties had ueted just as, wrong as they could; restrained by no conscience, no sense of houor or rectitude, by nothing but the sheer impossibility of domg worse. That was not true, of course, of the election as a whole, butoniy of certain localities, He admitted the chicanery, the corruption, the fraud and the cruelty prac- tised and put forth in certain quarters to control the late election, Nohonest man in his senses could deny it; but a wrong only grew to a greater wrong if it Was sought to be righted in any but a righteous way. The violations of law, which all deplored, would only be multiplied im the future if they were treated in any other manner than that prescribed by the constitution and laws, The question of who should be President tor the next four years was a mero temporary ques- tion; but the question how the President should be chosen and declared was a permanent one. Such a question spread its hands through the coming time und laid its grasp on generations yet to be, ‘THM PLAN OF SETTLEMENT, He referred to the report of the committee on counting the electoral vote as of a patriotism so lofty und go pure that if1t could only be adopted by Con- gress with the same unanimity with which it had been adopted by the committee he shoud regard it as a glory shed on the opening year of the nation’s second century, which no ycur of the previous century rould exeol, He would that Congress would pass the bill wounimously and tell the world that this great and free people, which had lately shown itself so great by submitein; threatening international dispute, itself greater still in tue present discussion by yield- tng all disputes about rights io the sole effort to leura and to follow its obligations. If this could be done, he could think of nothing 80 great that this people might not do—nothing so glorious that such a people might not become. SPEECH OF MR, WILLIAMS, Mr. Wintiass, (rep.) of Wis,, quoted from Mr, Wil- lis’ speech of Saturday in which he compared Presi- dent Grant to Cwsar Borgia and General Ruger to Ramiro ana deplored the fate of the Republic when its detenders should become its oppressors. He (Mr. Willams) wanted to inquire whether that was the lan- guage of a maniac. General Ruger was his (Mtr. Williams’) fellow townsman, and, know- ing his sterhog qualities as a gontieman, his bravery as a soldier and his devotion to bis country, he would never sit quietly m is seat and failto charscterize the Janguage compar. ing Ruger to Ramiro as it deserved. The Chief Mugis- strate of the United States hau been compared to Cwsar Borgia, Ho thought the tleman trom New York (Mr. Willis) did_not mean bis language in ite full scope. He (Mr. Willams) sbould as soon think of comparing heaven to a_ brickyard, (Laughiter.) Tbe yentioman from New York must havo had some pardonable vanity. He must have wanted to gild bis speech by medieval, classic quota- tons. He must hove used that langoage in the sense which an ambitious but illiterate gentieman, whom he (itr, Williams) bad beard of had used his. This gentle- Inan, {n appealing to the high tribuna! of heaven, ad dressed the Lord as a ‘great and abominable God and when called to order he suid that meant no blasphemy, but he thought that the words had a sort of teavenly sound (Laughter.) He (Mr, Williams) did not stand here to deiend President Grant. He criticised some of his acts as severely as any one, but he would tell the enueman from New York that Grant's name would ive unscathed, unbarmed and untouched by any mau. ‘The country would remembor its desenders, and though the gentieman trom New York might quote Cwsar, Borgia and Ramiro to bis dying day, the names of Grant and Ruger were emblazoned gloriously on the escutcheon of the Republic, and there they would main when their muligners were gone and jorgotten. He then proceeded to argue 1n favor of the counting of the eiectoral vote by the President of the Senate, ARGUMENT OF MR, TUCKER. Mr. 1 cKER, (dem.) of Yau, made a constitutional and legal arguinent 14 support of the resolutions. he In analyzing the constitutional provisions on the subject, he suid that in the opening and the counting of votes and in the subsequent stages of the electoral procedure the President of the Senate, the Senate and the tlouse of Rep- resentatives had functions to perform which were now most important to be detined aud which were the sub- jects of this great discussion, One remark he would make and that was that wherever else the power aud decision might be reposed, it was clenr that it bad not Leen deemed safe to intrust it to the existing ineum- bent of the Presidential office. To leave to him the determination of an election in which he might be a candidate and to suppose that it would be sate to in- trust it to him wasso foreizn to the thoughts of the framers of the coustitution that his name had not often been mentioned in any of the clauses concerning the Presidential election, He pro- ceeded to relate the history of the constitutional pros Vision and to argue [rom it that the power to count and deciare the electoral yotes was not reposed in the President of the Senate. The idea that the House of Representatives, based upon the will of the whologeo- ple, should be controlled im it8 constitutional powers by the flat. not of the oligarchy of the Senate, but of the creature of that oligarchy, was loo preposterous to be believed, MEAN The word “prese ov “presence.” ,”” ag used im the constitution, It purported more than being in the same room, Radi y it meant “being belore.” It indicated in all legal procedure a supervision by a present superior, one prompt and ready to control, to guard, to aid, to defend, Every- | thing done tn the presence of a court was done under | {ts protection and control. The sai nso was found in the sublitne appeal of Moses to the God of Isracl:— If thy presence be not with ine carry us not up hence, It did not reler to the omnipresence of the Deity, Dut it meant presence in the sense of superimtenuence, | direction and care, ‘The use of the word “presence” in that clause of the constitution meant wn uctive, vital, controlling and determining supervision ot the whole procedure, if it did wot moun that it meant nothing more than the casual and curious presence ot bystanders or of the crowd in the 1t could wot be t rely to Wit wioug which it could not reetity or a fraud whieh it could not tras. trate, On such « conStruction as was contended for on the opposite side the majesty of the presence of the two houses became a solemh tarce, a dumb suow, an empty pageant and a mythieal humbag, TE WORD “oUNT.”? He proceeded to analyz3 the weaning of the word “count,” tracing it iv the Latin verb ‘computo,? and to the Frenet verb ‘compler,” which meant to com pute, to weigh, to value, to disti and contend: img that the notion of mere ent ion Was last in its larger theaning of « diseriuninating estimate. In conclusion, be favored the Electoral Compromise Dill; not because it exactly fuitiited bis preconceived idea about the tribunal to be created for counting the electoral vote, but because he conceived it essential to the peace and happiness of the country, If chicanery and faise devitee were to succeed in placing in the Presidency one whore titie was tainted with frand, the morality inculeated in an unpublished poem halt a coutury old would be reached :— you have a son, T would advise, his tree prospects in the state yuu spoil, Lot Grotidy let him study Hoyle shows ten for pretty tricks ut; Adexterons cut may rule somo great And if Tuduige t And a stoeked pack make him a Prosidont, At the cloze of Mr, Tucker's speech the further con- sideration of the resolutions wis postponed tll tu« morrow, THE DEBATE IN LHE STATE SENATE. Atmany, Jun, 23, 1877, When the special oraer taking up Mr. Woodin’s reso- Jations Was reached, Mr, Jacous moved to lay them on the table until Thursday next, Mr, Woooty said the resolutions were not Introdaced ERALD, WEDNESDAY. J lature of this State—they were introduced pertinent to the Message of the Governor. This ts the time for legislative bodies to speak their minds on this overshadowing question. Mr. Jacons replied—It was remarkable that the sub- Joct alluded to should just bave reachod the attention of the Senator when the Congress of the United States had it before them. He would like to take a distin- guished republican Senator by the hand for bis manli- ness in rising above party spirit, He concluded by withdrawing his motion, A MOTION TO POSTPONE. Mr. Kenxxpy moved:to postpone the resolutions until Tuesday next. He thought it would be deplorable to force this question upon this Sonate while euch impor- tant events were transpiring at Washington, MR. COLE AND XO DELAY. Mr. Coun said thero ts a necessity for the representa- tives of the people spexking out and expressing their views on this all important question, He hoped a vote would be had to-day. WISDOM IN POSTPONEMENT, ‘Mr. Srarnuvex remarked that thoughtful minds were impressed with tne feeling that this government is seriously threatened by the present state of alfairs, A distinguished and careful United States Senator warned the supporters of yadicalism against this threatening question. ‘here is wisdom in the motion to postpone, A President reaching that nigh office in any other way than by the legitimate voice of the peoplo will not be respected by the people. THK LNGINLATURE AND ITS RIGHT. Mr. SrraGus apewered that he did nut Know but in politics information and intimidation mean the thing, He telt that the representatives at Washi; will be giad to hear from this Senate on this Presiden- tial question, Tho Legislature haya right to dissent from the opinion of the Governor and express that dissent in respectful language. ‘THK VAVORITR DEMOCRATIC REVENGE. « Mr. Woonts remarked that the resolutions are In perfect harmony with any constitutional plan whioh Congress may adopt to settic the question, Ho gave notice to all the world that tho resolutions were nut intended to ombarrays the distinguished Senator from this State, He regarded Rosco Conkling as pceriess in the ed States Senate, and no man in the State had 4 more carnest respect trom him (Mr, Woudin) than the Senator he had named. ‘The democrats ask us to keep quiet, and yot on the 8th of January last the democrats were invited to meot in Washington, What were they to meet for—to drink the tavorite democrats beverage in Washington ? Ab! no, The resolutions betore us coutan ple coustitational provisions, and ho would like to hear the democrats discuss them, not seek tu postpone uc- tion on them. A SHORKLESS SKA, Mr, STARBUCK Said he bad pever seen tho ordinarily judicial and caim Seuutor from the Twenty-titth (Woodin) so impassoned as to-day, when speaking of these resolutions. Is not his excitement oue of the best arguments in favor of postponing the vote on the question before us until another time? — It as Wise to postpone the question until! we have turtber information of what our representatives in Washing- ton have dene. There never has been a time when the domocratic party bas so challenged the admiration ot the world as it does to-day, History does not furnish another example of such patriotism as 1s sbown by this ‘party now, so quictly waiting @ decision on this question, That pirty gave a ma- jority of 240,000 ov the popular vote for its candidates ‘und are waiting quietly for the resui, not proposing to cast the country into a shoreless sea by any action of theirs. POSTPONEMENT DRFRATED. ; Tho question of postponing was then lost—Yeas 13, nays 18. REFERRED TO THE JUDICIARY COMMITTEE, ‘The question then recurring on the passage of the resolutions, Mr, Jacous argued that tn questions of such magnitude us these it was but right that they should go to a committee, and he therefore moved to reler the resolutions to the Judiciary Commitivo, Mr. Gzrakb supported Mr, Jacobs’ motion, saying he had sindied the question of the constitutionality of tho resolutions very caretully, and be conlessed be wanted mmore lizht on tuem, und he expected to get more in- formation from his brother Senators. He quoted at length from a speech of Senator Edmunds in support of the opinion that the President,of the Senate hus not the right to count the vote of the Electoral Colleges. He also quoted trom a speech made by Senator Conk- lnng in February, 1875, in sapport of the position that the two houses should count the ballots, Mr. Lawoyr said that he was at loss to determine the meaning of the resolutions. He desired to have the opinion of the Judiciary Committee on the fourth reso- lution relative to counting the vote. He wanted tho Seoate to agree on resolutions which will indicate that the Senators love their country more than they do party, Mr. CARPENTER regretted that there was any neces- sity for resolutions of this character. It was proper, however, that the Senate express itself in reply to tho paragraph in the Governor’s Message on this subject, He (Mr. Carpenter) quoted the paragraph irom the Governor’s Message bearing on the count- ing of the Presidential vote, He quoted trom the United States constitution the paragraph bearing on the opening and counting of the electoral vote. He thought the true construction of the section be read meant that the Vice President of the United States (the President of the Senate) should open and count the votes, No ore can seriously claim that Congress hos the right to pass upon the votes from euch State, Congress could just as well clect & Presidevt as to make itself a returning board to pass upon the votes of apy State, Tho business men of tho country wish quiet and prosperity, but they do not ‘want to tear the constitution in shreds for any tempo- rary peace, They desire peace secured in a constitu. tonal way. MR, JACOBS’ RESOLUTIONS. Mr. Jacons withdrew his motion to refer and offered the following :— Resolved, If the Assembly concur, that we approve the Dill now before Congress, providing for a determination ot all questions relating to the elvctoral vote, us a wise, states- mantike and patriotic mea und we hereby request the Senators and epresentatives of Now York to support the said vill, He (Mr. Jacobs) moved to substitute his resolution for Mr, Woodin’s and that it be referrod to the Judi- ciary Committee. TILDEN’S “FIRBBRAND,”? Mr, McCantny said that two years ago was the first time that any Governor used the messuge jor rsol political purposes, Not satistied with leaving this question of the Presidential count to Congress Mr. Tilden bas inserted 10 the present Governor's Message this firebrand with reference to the Presidential question, and now the demosratic Senators object to the majority of the Leg- islature putting themselves on record as opposed to the Governor's opinions as expressed in the last para- graph of his Message. MK, JACOBS’ SUNSTITUTE Lost, Mr. Jacons’ proposed substitute was k nays 18. RIGHT OF THK PRESIDENT OV THR SENATE, Mr. Brapey remarked that he recognized the right of the Senate to express its Views on any public ques- ton to which there was a dispute or controversy, and he hoped the great Presidential question now before the country would receive careiul, calm and cool consideration, When the election closed the people were prepared to recvive the result and they are equally ready to-day to receive the decision, if such result 8 reached in a constitutional manuer, ‘The President of the Senate has no powers excopt such as he dorives trom parliamentary rules and the con- stitution, und the latter imstrument does not give him the right to count the clectoral ballot. ‘The framers of tho constitution did not mean to give the Vice-Prosident the right to count the vote. Mr. Bradjoy quoted at great length from the official record of last March im support of this statement. Resuming, Mr. Bradley said ;—Ts thore any great emergency which should-now require the President of the Senate to ex- ercise a power he never exercised before? Fodoral office-holuers and those desirous of place underithe new admivistration are clamorous for vesting such power in the President of the Senate. MOTION TO ADJOURN. At this point, five minutes past two, Mr. Jacons Lost—Yeus 12, nays 16, RNMMNT UNTIL RVENING. Yeas 13, AN ADI Mz, Woopis moved to tke a recess until balf-past seven this cvenmg Lost—Yeas 14, nays 14, the President voting im the negative. Mr. Wooviy again moved to take a recess until half. past seven this evemng, Curried—Yeas 16, nays 10, EVENING SESSION, Mr, BrapLey conti d his remarks, saying:—The Legislature of Louisiana bad no right to sabmit to any body of men the powers which the constituuion guar- anteed to ins a legisiative body, The power of review and revision resuits practically in the power of appolut- ment. He believed im the preservation and the in | tegrity of the States as the only true way ol preserving this Republic, A ‘distinguished citizen of this State received a Inrge majority on tho | popular vote at the late election, Now, why 18 it that the power sought to be exercised by the Prosident of the Senate was never done betore. It te the product of a desire that party advantage may be secured, The resolutions now under consideration indicate that tt is the duiy of this oilicer (the President of the Senate) to count the vote. Partisan zeal should yield to Wise statesmanship at this time, Is it surprising that the great business interests of the State should be disturbed and appeals be sentin from all quarters for a quiet and pexceadle constitutional settlement of the questions? The tribunal sought to be appointed at Washington 18 made up of men of the highest character and it scomed tv him a wise settioment of this disturb- ing question. The question who shall bo President is of little = Importance as com, with dcerding who 18 clected by an ho@est vote cast, He sould regret to think any Senator Would support a measure because it would give any party advantage. Tho volco of the Stave of New York, which contains one-tenth of the population aud wealth of the nation, should be heard on this question. RESOLUTIONS OF APPROVAL, Mr. ScrooxmakeER pflered a preambie, with the fol- lowing resolutio «1 by the joint commit. r the peaceful and jon relating to n props f Com prompt settlement of th the last Presidentiat ele ort people and desivned lawfil methods, Just aud ‘anbtassed devermtation to preserve she ponca fo secure, by constitutional nud ‘wt the country wnd to fextore confidence and prosperity in business pursuits, and thatthe senayors wnd Representa. tives in Congress from the Stato New York are respect fully requested to give said measure their enrnost sup- port, SKNATOR PRINCE LAYS DOWN THE LAW. Mr. Prixce did not intend to make any general re- turks, but intended to make ove legal point, to stato one legal proposition, Ihave changed my purpose of simply as | whether tho law is to ri 100,000 men Lad ARY 24, 1877—TRIPLE : SHEET. observed or not; whether fre to assemble in Washington. There was every reason why this question not be left to Con; Congress in a certain comtingepcy may a President apd should have no part counting the vote. While I am upl want td say @ word or two 1n relation to the remark of a Sen- the 18th inst. about ‘the sublime speotacio democratic party aud its attitude of forbearance.” “In the surroundings of tho framers of . the con- stitution and the langnage of the proposed amendments then offered we have asure guide. He then read trom th roceedings of the Convention, ‘The committee of revision on the subject of the lan- guage reported back this provision changed trom the original, that the President of the Senate should open tho votes sm the presence of Congress in Washington, to give force to their wishes and purpose, He pro- posed go back to the intentions and expressions of those who framed the constitution, It you can get at the meaning and purpose of those who placed the words in the constitution then you have a safe guide. They appointed a President of iho for the sole purpose of opening and counting t SIMPLY A JOINT RESOLUTION, Mr. Vepprr said the question belore the peoplo is not who shall decide what votes shall be counted, In 1821 a case arose as to one of the electoral votes ot Missouri, but the President was elected without tho vote, and the manner of setting disputed electoral votes never adjudicated, Mr. Vedder continued, saying he believed that the imeasure now before Congress 13 simply a joint resolu- tion, Either house can rescind iat will, Whenever the democratic party roars its front war and trouble follow sn its wake, Congress is to be congratulated tor mete ju the wake of a republican Senator around this circle, vo MOTION TO ADJOURN Lost, Ata quarter to nine o’clock Mr, Wacsrarr moved to adjourn. Lost—yeus 10, nays 13, THE SLOUGH OF DESFOND, Mr. Spracur said :—It seems to be conceded that tho constitution of the United States docs not furni: guide as to what votes sbull be counted, Tho Governor says in bis message that it has been the custom of both houses of Con- gress to exercise the right to count the vote, He therefore though it eminently proper for the Senate to express its dissent from the expressed opinion ot theGovernor. The question of a disputed succession us Caused more bloodshed und internecine war than any other. It was never expected that any contlict would occur in counting the electoral vote, Until the Vice President opens the votcs itis vot Known Who 18. claimed to be elected. The constitution provides simply for the performance of a ministerial duty, aud there 1s no meuns for ts deciding what votes may be counted, The “Slough of Despond”’ 18 based upon and Niled with the broken personal wishes of the framers ot the constitution, It is easy for the Sen- ate to puss — resolutions; jor ~—_ newspaper mn to pubhsh column ’ after column of argument on the question ; but, after all, tho grave re- sponsibility rests with Congress, Such patriotic men ag Conkling, Bayard aud others will decide this ques- tion 1u accordance with the constitution, and he was willing to yield his opinion in a great measure to their superior ludgment and experience. he Senate then udjourued, PUBLIC: OPINION ON THE BILL, ENTHUSIASTIC COMMENDATION BY A BOSTON MASS MEETING, Bostoy, Jan. 23, 1877, In answer to the call for a mooting in Faneuil Hall to consider the. Conference bill forthe settlement of the Presidential question, about 4,000 people met in that building at noon to-day, Mayor Prinéo presiding. Resolutions read by Hon. William Gray were passed unanimously, and in substance are as follows Be it resolved by the citizens of Boston, in Faneuil Hall assembled, That the thauks of this people be tendered to the committes of the two houses of Congress for thoir able, impartial aud successful efforts to present tor the con: sideruiton “of "Congress a plan | which | should commend iteolf to. the intelligence and judg ment of the people of the country. That plan presented by tae committea in its spirit’ and in its pro visions has our cordial approval, and we exrnestly request and advise our Senators ana Representatives to give it their earnest support, That provision inviting five judges of the Supreme Court of the United States to sit upon the com- tnlsslou eypectally commends itselt tour judgment: It agen wise ty Invoke the opinion of tho members of this distin- guished branch of the government as to the law which should govern upon the facts to be inquired into, to the end that our government may be a government of laws and not & government of men, That we roxard the plan proposed as entitled to the coi diul upproval of the whole people, as eminently wise, tending to allay excitement and to restore contidence to put into active employment the industry aud enterprise of the land now waiting to be assured of an amicable ad- Jusqnent of the question, and, bevond all, at a new illus: tration of the strength of our government “of the people by the people und for the people.” ‘That the otticers of this mocting be directed to send a copy of fis proceedings to the Senators and to representatives of Mussachusotts und to tho chairmen of the committees of sho two houses of Congress. Speeches were made by Hon. E. R. Mudge, P. A. Collins, Hon, J.C, Maddigan and General George H. Gordon, ITS INDORSEMENT IN THE RHODE ISLAND GEN- ERAL ASSEMBLY, i (BY TELEGRAPH TO THE HERALD. | Newrorr, Jan. 23, 1877. Tho following preamblo and resolution were pre- sented in the Senate to-day :— viewed with pro- great uncertainty tial election; and i trae patriots to assist in a just, honorable and prompt settlement of the difficulties which threnten the peace and prosperity ot our common conaerys therefore, heartily Special Coma questions connected wish the counting of the élect votes tor President und Vice President of the United states, and that our Senators and K in Congress be, and they are hereby requested to give to such measures their active support. Resolved, That the Secretary of State be and he is horeby directed to forward a certified copy of these rosolutions to each of our Senators and Representatives. THE INDORSING RESOLUTIONS RECONSIDERED IN THE CONNECTICUT SENATE. [BY TELEGRAPH TO THE HERALD.) Harrrorp, Jan. 23, 1877, The Stato Senate to-day reconsidered its yoto of last Friday, passing a resolution indorsing the pian proposed in Congress for counting the electoral vote, Senator Bishop (dem.), the author of the resolution, urges thia action ip view of a newspaper chargo that he had tricked the republican majority 1nto voting for it. Ho carvestly disclaimed any such intent, and farther said that his resolution of legislative indorsement, to- gether with the plan itself, had been heartily approved by all, irrespective of porty, among the busi- ness men to whom he bad spoken on the subject. The matter was then tabled, and, us im the House, a yea and bay vote was ordered on it when it comes up tor final action. PETITIONS IN ITS FAVOR SIGNED BY INFLU- ENTIAL PHILADELPHIANS, Puivapeuema, Jan, 23, 1877. A paper was hastily preparea yesterday afternoon by the leading merchants and business men of this city. It was transmitted to Senator Wallace, at Washington, immediately after it had boen signed by the representative mercantile mon of Philadelphia, The petition takes strong ground in Javor of the bill, and the signatures to the paper give it great importance as an expression of the views of tho business community, without distinction of party, [BY TELEGRAPH TO THE HERALD.] is Harnisnura, Pa., Jun, 23, 1877. In the Pennsylvania Senate, to-aight, Everhart, re- pablican, offered a resolution indorsing the action of the joint electoral committes, The resolution was vir- tually defeated by referring it to the Committee on Federal Relations, by a party vote, with the exception of Everhart, who voted with the democrats, A large meeting, held in this city to-night, indorsed the action of toe Congressional Committee on the electoral count, Hon. Frank Jordan, republican ex- Secretary of State, presided, and L6uis W. Hall, re- publican, delivered an address on tue plan submitied y the committe Resolutions were unanimously adopted urging the passage of the Electoral bill. A PROMINENT NORTH CAROLINA LAWYER'S VIEW. (PY TELEGRAPH TO THE WERsLD.} Wrtvos, Jan, 22, 1877. The Congressional jolt committec’s compromise Proposition for determining the Presidential con- troversy 1s strenuously opposed by leading demo- cratic membors of tno Bar in this Stato. Hon, Dontet 4G. Fowio, undoubtedly the ablest jurist in North Caro- lina, and @ candidate tor the United States Attorney Genoralship in Tilden’s Cabinet, declares that the in- ovitable results of its adoption will bo Hayes’ inaugura- ton, CARL SCHURZ INTERVIEWED—HE FAVORS THE BILL. " Sr, Louis, Jan, 23, 1877. Ex-Sonator Schurz, in an interviow with the agent of the Associated Press this afternoon, in reply toa question addressed t> him, gave the following as his opinion on the Electoral bill now before the United States Senat Tho bill reported by the Conference Committee serves tho end which ex-Senator Henderson and myself had in view when, several weeks ago, wo addressed a potition to the Sen- ate, It tarnishes for the decision of the Presideatial question a tribunal that hos tho character of impar- the ae. by legality of which is hore of the troubles that country would in the sake of peace: seriously questioned would be miserably at the mercy of the opposition, which, of course, would grow ime mensely in cousequence of that very fact. IT WOULD WEAKEN THE GOVERNMERT. + The moral authority of the national government would be terribly weakened, and that is always @ most dangerous condition of things ina republic. Moreover the successful™ resort to the oxercise of doubtful powers by a party for the pur- of lifting " its candidate into the cy would be a precedent fraught with the most 3 consequences for the future, for such prece- dents ure always not only taken advantage of, but im- Proved upon by unscrupulous pohticians, For these rexgons T doors it of such extreme im; ce thut the decision of the Prosidential contest should be ro- | moved from the theatre of party strife and reforred to a tribuval pot controlled by party interest, WHAT 18 ARGUED IN CONGRKSS, ‘The trouble is that so muny of our politicians see only the object immediately before them, and not what is to follow. I see it ts argued im Congress by some republicans that, in the absence of legislation on thas subject, the President of the Senate has the consti tutional power to count and declare the electoral vote; and on the democratic sido that in the absence of legislation that principle of the ‘Twenty-second rule must be maintained, which would pat the decision into the bands of the democratic ma- jority of the House, The one theory, it is assumed, ‘would elect Hayes, and the other Tilden, It is not Mnprobable that in the absence of legislation both parties would assert their advantage, in couse- quence of which wo might be cursed with a contest between a President and a counter President, 1 will not argue now which of those two theories, 1t either, isright, but 1 do say that the absence of legisia- tion is full of mischief and ought to be remedied with. out delay, To make an ond of that mischievous ab- sence of legislation in this case the Conference Com- mittee has offered its DiI. AN UNJUST VERDIOT PEARED. ‘That measure may not be porfect—undoubtedly it is not—ualthough, in my opinion, the objection that 16 is oMensive to the spirit of the constitu. tion cannot be maintained, but the bill has that great virtue which, in ‘view of the alarms and perplexities of the present situation, is just tho one needed, Put the question to anybody ‘Do you expect or seo any reason to icar that 1 deciding the Prosidential contest the tribunal provided for by the conference bill will render an unjust verdict?” Ev candid man will have to answer **No.”” Bata tribusat of which no candid man has any reason to oxpect an unjust verdict {s just the thing the country stands at present in extreme need of, Chis ing 86, “party leaders should consider well whether they can afford to put their respective parties in a position in which they may appear to bé afraid of a just ver- dict, Ihave no doubt that the opposition olfered by some of the gentlemen in Congreas to the bili proceods from conscientious motives, but it is also a fact, which leading men should not overlook, that a political party opposing this bill will lay itself open to the suspicion of reposing more confidence in the power they wield than in the justice of their cause. In this respect the opponents of the measure render, in my opinion, a very bad service to the rospective can- didates whose interests they seem to pave at heart. ‘THE RVFKCT OF DEFEAT. Ifthe conference bill should be defeated, Iam suro the party responsible tor the defeat would sink undor the distrust of the people. Itis useless for them to argue bow under the constitution the vote should be counted in the absence of legisia- tion, for here is legislation proposed to thom and upon their responsibility they have to vote for or against it, Here is a method offered to them by which they can give the country whut it above all needs—a President whose title is ve dispute and who will be clothed with that moral authority which tne highest executive officer in a republic can never lose without danger to the whole body politic, That method thoy have to accept or reject. OVERWHKLMINGLY IN PAYOR, As to tho popular sentiment with regard to the con- ference bill Ican only judge from my surroundings, In this community there seems to be scarcely any difference of opinion among republicans as well as democrats. The feeling in favor of the bill is overwhelming. Thero are probably a few exceptions, but have not seen them. From my correspondence I conclude that the ee 4 simi. larly strong in other Western cittes, although efforts seem to be made here and there, mainly by active politicians, to make a show of an opposition movement, LEGISLATIVE INDORSEMENT FROM MINNESOTA, Sr. Pavn, Jan, 23, 1877. The Senate, which was in session this evening, passed a resolution urging Congress to adopt the plan of the Congressional Joint Committee for settling the Presidential question, AMONG THE NEW YORK MERCHANTS, Yo Tux SENATE AND House oF REPRESENTATIVES O18 GxyxRaL Conckess AssEMBLED:— We the undersigned, believing in the justness and fairness of the present bill before Congress for the aet- tiement of the questions that have arisen in regard to the Presidential election, urge its prompt passage as @ meaguro satistactory to all patriotic citizens, Kayne, Spring, Dale & Co, 3B, 4. Solomon & Sons, ieyaus, Ponke & Co, Fisk, Clark & Fiagg, Calboun, Robbing & Co., —N. Sullivan & Co., Mills & Gibbs, W. B, Tolle, ot Tolle, Hote Wm. H. Horstman & Sons, ton & Co,, Leo, Tweedy & Co., P, Pteiffer & Co., John Mott & Co., 4. B. Claflin & Co., E, H. Van Ingen & Co., roe Bhss & Fabyan, Waterbury, Smith &Co, ©. N. Bliss, Watrous, Boyden & Co, ase, Bartholow & Co., Jobn Brown & Sons, Boyden, Malloy & Co., Anderson, Starr & Co, Woodward, Baldwin & Co, ‘A. Porson, Harriman &Co,, William Turnbull, Laweon Bros., James S. Noyes, Fred Betterfleld & Co., Josiah Colby, James L. Little & Co., Parker, Witder & Co. Henry ‘A. Page, James Haslehurst, William L, Ottimer, Ammidown, Lane & Co,, Jonn H, Peet, E. W. Holbrook & Ca, Collins, Whitin & Co., E. N. & W. H. Tailer, Aldrich, Iddings & Clifton, Bacon, Balawin & Co., KE. R. Mudge, Sawyer & Co., Charles A. Scott. J. B. Hutchinson, Low, Harriman & Co, Meigs, Dale & Co., A. D, Juillard & Co, John M. Slade, B. H. Smith &'Co., Frederick Jacobson, J. L. B. Willard, Smith, Sanford & Co., 8. B. Dana, Arthur Amory, Woodworth, Case & Ca, White, Payson & Co., Wise, Holmes & Co., W. L. Strong & Co., Hicks & Stewart. Fairbanks & Martin, Fitzsimons, Clark & Co., James N. White & Co, John M. Conway & Co., Townsend & Yule, Brooks, Miller & Uo., Wyman, Bird & Co., Garner & Co., Maxwell & Foster, H. Maxweil, Luckemeyer, Kunouth & o., Whittleld, Powers & Co., Bates, Reed & Cooley, David Valentine & Co., P, Van Volkenburgh & Co., Emery, Ivey & Lee, Wm. & Browning & Co, Clark Bros, & Co., Cornell & Awermun, Swoetser, Pembrook & Co., Butler, Broome & Clapp, Wm. Kinsoley & Co., Halstead, Haines & Uo., Ayres, Koll & Co. Graham & Aikio, Carhart, Whittord & Ca, Walter Brother: Vright & Mat ¥, Fousch & Co., Johnson Bros. & Co., Currie, Sherwood & Co., Euwin Bates & Co. ©. F. Dambmann & Co., Silberman & Co., Warringen, Charles Scott & Co., George A. Clark & Bros, Richard Iselin & Co., ©, A. Aulfmordt & Co., Emerson, Rhodes & Co, Luster & Sommerhoff, Lebmaicr Bros., Hitchcock & Potter, Strange & Brother, Semen, Klous & Ce., Martin, Batos & Co., A, de Griefl & Co., Muser & Co, E, V. Connett & Co, Hail & Baldwin, Moses Blum & Weill, Hardt & Co., L. & H, Blum, Van leet & Nuttman, Knower, Hainos & Thomas, W. C. Langley & Co., J. L. Brauer, Bro, &'Co,, Alexander King & Co., Dreyfuss & Weiler, * Ellis Kuapp & Co., Alexander Dougan & Co,, Thomas Russell & Co., Pratt & Farmer, Thomson, Langdon & Co,, Barbour Brothers, Speilman, Wolf & Co., Cook, Valentine & Co. Topping, Maynard & Ho- bren, Joseph Mercy & Co., Kessler & Co., Griefl & Co, Tweedy Mig. Co., por T. E. ‘Tweedy, Whitlock & Anderson, Letson & Hashaken, Louls Weddigen & Co., Harding, Glendenning & Co., W. & J. Sloane, ANOTHER MEMORIAL TO CONGRESS, The constitution, n express terms, empowers Con. gress Lo puss ull laws nocessary to carry \ts provisions into effect. One of its provisions ts that, in the pros- ence o! the Senate and the House of Representati the Presidentof the Senato shall open ull certiticates contuioing electoral votes and the votes shall then bo countdu, In case two sots of electoral votes be re ceived from the same State it is obviously necessary, betore the votes from that State can be counted, to de- termine which are the true votes of the State, Ibis contended by the extremo men of one party that tho President of the Senate is to determine this question, The extreme u of the othor party say the House of Kopresentatives must determine it; while many others, of both parties, contond that the Senate and House together are authorized to decide it; and each one founds his opinio#, not on the ground of any express terms in the constitution giving the power in so many words, but contends that the power is given by necessary implication, Is not tho fact that necessary implication 1s invoked alike by the three sets of partisans in support of their respective theo» ries pretty good presumptive evidence that there is ho necessary implication in favor of either theory ? Now, thirtuen out of tho fourteen mombers of the special committees of the Senate and House of Rep- regentatives seem to havo arrived at the conclusion, after long and careful study of the question, that it ts one of those subjects requiring appropriate legislation by Congress, in order to carry into effect the provisions of the constitution in relation to tho election of Presa. ident and Vice President; and that Uongress can constitutionally estaviish a tribunal to detwrmine this question. In the interests of business, in the iterests of peace, and for the sake of maintaining intact our most excellent form of government, we urgo and most earnestly hope that Congress will promptly pass the bill reported by the cor ittees, and that all partios will cheerfully acquiesce in the final determination of this vexed Prosidontial question in tho modo pro- tality and whose verdict will command unt- versal respect. 1 supported Governor Hayes in tho «campaign in good faith, and for good reasons of public interest. If I bad not strongly desired his success | should not have worked lor iim. the saine manner others have supported Governor intended silence to present this puiut, Afier rouding Sevator Woodin’s resolutions he re- sti with « view of affecting tte action of Congress or any- Mr. Buttz, of South Carolina, was admitiod as w | body, but were intended as the expression of tho Leaia- forred to the to of the Senator from the Four. tounth district, jug to the unsettled condition of the counuy. ‘his uncertain comes from the doubt Tilden. Bat what the patriotio men of oe i ‘08 sou Pre want, @id what the Republic needs, bry whose legitimacy cannot be seriously dis- puted. To that ond he must not ve ‘aud he must not even appear to have been lifted into POeTLLLAM Dov VILL OW D, No. 44 Wall stree! M. P. BUSH, of Buffalo : J. Ay BEARDSLEY,'No, 44 Wall stroot, P. ©, CALUOUN, Nassuu street, W. ACKERMAN, Nassan street, KR. H. LOWRY, No, 2 Wall street, FRANKLIN KDSON & CO,, No, 23 Whiteball street CARLOS COBB & CO., Nos, 30 and 82 Whitehall s\ DAVID FALES, No, 14 South street. SIMEON TOBKY, No, 18 Beaver street (Abd niuny others,