The New York Herald Newspaper, January 25, 1877, Page 3

THE DISPUTED ELECTION Continuance of the Debate in the Senate Chamber. caNCLAION OF MA CONKLING'S SPEECH | The Precedents from the Foundation of the Government. AUTHORITY OF MADISON AND JEFFERSON. Senators Sargent and Morton in Opposition. RECORD OF THE {NDIANA SENATOR. Senator Bayard on the Necessity of t Such a Plan. INFLUENCE OF PUBLIC SENTIMENT, Office-Holders Rallying to Defeat the Measure. FROM OUR SPECIAL CORRESPONDENT Wasminotox, Jan. 24, 1877. ‘The third day of the Senate debate on the Elvctoral bill was opened by Senator Sargent, Mr. Conkling not being 1u his place when the session opened at vieven O'elock. Mr. Sargent is avertinucious ruther than an able man, and his argument took up time without making much impression, Senator Hamlin ex- hibited and read the Sonate thu af the Gvorgia to contents certificate which was sail to have counted by Thowas 1k wax clumsily at irregularly written and Mr. Hamlin urgued that as tt was not ub Jected to it must be Laken as an instance of the Vice President's power tv do what he plcased im counting Mhe vote, wo accept any vote be chose, however irreyu- Jar, Senator Edmunds, however, pointed out to him that the tellers, acting on the part of the two houses, it not object to the vote, bat counted i:, aud that the Vice President exereised uo discretion in the matter, Thore ig au old scandal that Mr, Jeffergon used this Irregular vote to count himself in as Vresident, and this made the certificato tnterosting to many persons, AS soon as it was known that Mr. Conkling bad risen the floor pf the Senate: Mlied up with wembers of tho House und distinguished persuns, the desire to hear bim bemg as great as yesterday, He spoke more freely aud was apparently in better spirits than yes- electoral been JeBerson, lerduy and devoted @ congiaerable part of bis remarks to @ summary of the action of te two houses sud of the opinions of the most eminent public men of the country, from the foundation of the government to the present time, upon the questivn of the jurisdiction over the electoral qote, He showed that even Mr, Pinckney, who bad Ueun cited by both Mr. Sherman and Mr. Sargent, bad wu. rer beid thatthe Vice President bad_power vver the vote; but that be held that it was the duty uf the houses to count the votes, und that they were to take the action of tho States on the matter as final and to ascer- Gain what the States had done, “Now,” said Mr, Conkling, ‘‘no Sonator concerned In framing this bill now before tbe Senate holds any other doctrine than this of Mr. Pincknuey—that it is tho duly of Congress to ascertain what the Stat have actually done. This tribunal can do no moro, | except by trampling the constitution uader foot.””- He defenaed the Electoral bill from various charges Made against it. Heshowed that in 1824 Webster, 10 the Senate, and Van Buren, curred in making a report, clearly prescribing that the houses should the and, reading from it the words ‘and the count shall then be resumed,” remarked, “Not the witnessing by she houses of the count as made by the Vice Presi- dent,” Tracing down the history of the question he Came, at last, to a report by Senator Morton himself, ip which it 1s held that the certificate of the Secretary of State is not required to authenticate the electoral Vote, but that the certificate of the Governor is sufll- cient, This created some sensation. ile proceeded to show that, under Senator Morton’s report, the vote of Loursiaiiq bau been thrown ou\, His further remark that Senator Morton’s bill of Inst session would, had it become u luw, have not only withbeld, as a matter of course, all authority from the Vice President, but would now have caused the election of Mr, Tilden also, created a sensation, par- in the House, con- examine voto ticuarly when he added that only three repabucan Sevators voted against ibat bill, and these were Senators Eumunde, Howe an Conkling, He pointed Out that Mr Mortou’s bill gave a boundless authority over the vote to either house, while the preseut vill lowing the, conclusion of the speech, Mr. Conkling walked Into the cloak room, and bere bis iilness be- came at once evident, While reaching for his over- while riding home iv Sevator Jones’ carriage, and de- termined to attend the evening session. His eflort to-day was even greater than that of yes- terday, He convinced all who were open to convic- tion that there is but one side to the question, and that | those who oppose the Electoral bill do so in defiance of be constitution and of immemorial custom and prece- dent, and to the imminent danger of the country. But Mr. Morton read a telegram trom Indianapolis, urging bin to “hold the fort,” and the language of the opponents of the bill plainly discloses the fact that, unlike Semator Conkling, they do nut believe Mr. Hayes was clected, aud theretore insist on bis being “counted iu” by the Vice President at all hazards. While the people in all sections are moving im sup- port of the bill, itis known that the office-holders are everywhere opposed to it and ure seudiog despatches here urging its delwat. It isacurious aud significant fact that the civil service thus once more appears ‘as a “tactor tn politics,’’ ‘The Postmaster is on bis bind legs all over the country, shriekiag against the bill,” said a repub- tenn to-lay. ‘The battle, indeed, is between the People uf bot parties the office-holder: and the lat are determined 1% shall fail. Ww oot bigh time the — civil Service Unpurtisau when the political office-holuers presume to tnterfore against the interests of the coun- try even in so vital d matter as this bill, This matter has attracted much attention bere already, apd Is to = make Dawes has already offered un amendment, Senators Sherman, Sargent and perhaps others will bring for- ward amendments, all for the purpose of delaying the passage us loug us possible, 1a the hope that the oflice- holdors may be avle to create an appearance of public. sentiment agaiuat the vill. ‘The tact thas Mr, Justice Davis bas been nominated for United States Senator im Llinois attracts a good deal of attention bere, Judge Davis isanxious to have it known that be is uot in communication with any- body about the mutter, but he does pot decline the vominutien, und be dues pot appear to be conscious that this tact bus lowered hin in the esteom and con- fidence of multitudes of people here of both parties, He was spuker of as likely to be nominated as the that new that he has allowed himself to be dragged into polities there would be an iunpropritty in his ac- cepting such’ a place or being ifered i, Leading democrats say that they do aot want tw see him on the committee, and that they bulieve apy of tho Su- preme Judges will act honostly and honorably, no matter what their poluical antecedents way buve the honorable confidence in the rectitude of the judges expressed by leading democrats. Kepubiican politicians have been busy for some days hunting into the lives und iriendships of some of tho judges to see if they cannot somehow prove them to be likely to be swayed by partisan considerations, and this morniag the curious spectacle was seen of a republican orgau reviving au exploded story which made Judge Slillor a violent partisan of Mr. Hayes and enemy of Mr, Tilden, 80 auxious are the opponents of the bill to cast discredit ja advance on the Supreme Court, lodeed, it loagg somewhat as though, even if the bill becomes a law, they mean to inilame the public mind with suspicions of the fairness of tho decision, with a view to & possible stance if it should go ugainst them. They seem to have no faltn in the actual election of Mr. Hayes, aod their course disgusts many republi- cans, who say, With Mr. Conkling this afternoon, that they believe Mr. Hayes was elected, and are not, therefore, atraid to submit the question to an honest tribunal, It is plain, too, that the dispute over the Electoral bill brings out and intonsifies old rivalrics und discords in the republican ranks, 1t is in facta struggle be- tween the best and worst elements and spirit in the party, and the worst elements are combined to defeat the villat all hazards, ia the bope of thus regaining and maintaining their ascendancy in the party aud over Mr, Hayes for their own purposes, DEBATE ON THE ELECTORAL BILL. Wasuinetos, Jan, 24, 1877. At twenty minutes past eleven A, M. the Senute re- sumed the consideration of the unfinished business, betug the bill ia regard to counting the electoral vote, Mr. Conkli.g, who wus entitled to the floor, not having reached the Senate, a recess was taken tor ten minutes, SVERCH O¥ Mik SARGENT, At the expiration of the recess, Mr. Conkling was still absent und Mr, Sakgent, of California, took the floor and delivered a lengthy argument in oppusition desired that a result might be worked out of this cum- plication which would be sutisiactory to the wuole country; and secund, because be desired «hat equal strictly and narrowly litni| the powers of the houses, | ‘This comparison between what Mr. Morton pro- | Posed last year and What this bill now propuses was | very eifective. He showed that trom the beginning of | the government to the present hour the powers of th houses ovor the vote Lad been undisputed and that the j Fepublican Senators themscives now present were ail | committed by their ucts to the constitutionality of tho | twenty second joint rule, and by recently sending com- mittees to the disputed States to the opiuion that the houses had a right to jaquire. | When he came to read from Mr. Morton's report where he said that the Vico President might by mecessity be compeiled to decide he made a ire- mondous onslaught on the doctrine that “necessity” | Should override tho constitution. | “Necessity!” said ho, ‘that enemy of order and prolific mother of anarchy aud despotism.” But the sensation of the day was when Mr. Conkling sald :— “Because I moan to maintain at every stage of these Proceedings that the republican candidate has been chosen President, because I believe him a patriot and ®@ good citizen, therefore 1 wish to take a title for him which shall beso clear that po one cun say that he has hed power.” ‘This {rank deciaration put aside at a breath the slander which has been industriou’ly whispered about to weaken his advocacy of the bill, flat hé did not @are (or the election of Mr. Hayes. “The vill,” he said, ‘may be denounced by the ad- | Veuturous, may be derided oy the thoughtless, may | be treated with courageous gayety by the Senator from | Pennsylvania. 1 shall vote jor it because I believe it advantageous ty all the peopie and all the States.” Alter some briet passuges with Sonator Mortun fol. | Of the partios Which put those candidaies forward, Ho did nut believe any expedient which could ve brought | forward would accumpuisi such a result, and he felt sure the bili Would not du 20. Jorbids experi Mheuis Upon measutes Where a const luteal voube | existed, Me wus not sure that this bil would satisly the hupes of its promoters. There were | “ nts Of «Weakness and — Indeeisio: ate There was a suspieion ol Unlwitness about it— More thau a suspicLun—Luere Wis aimuot a certainty Wat there would be Uolairness under the bill, Tt gave improper powers w the tribunal Which iC ereateu— power to go behind the decision of she States in wat. tora couilded to them by the consutution, Lt fairness Was desired tien the organization of Unis Uribuual was Most Unlortunale, becuse the result to be accom. plished depenuca Upon vue man and thas maa was au known, ‘Ihe supporters of ta til had addressed | ther argaments w the questious—lirst, ts 1b consutue GioualY and second, is It expedd TUK + To ming th Was conclusvely showa that the fram of tae constitution did not intend that Con- gress snould cout the ¢ | vote or discriminate between returns. Tf thes invaded that this power should be few worus Would fave made It certain, ‘The fact that Lhose words were not uged showed that they did not propose to lodge Unis dangerous power tn the two houses of OC use the two houses Congress couid themsetyes cre. ute the Very exigeucy where the constitution provided | tho House should elect a President and the seuate a Vice President of tue United States. If questions which the conguitution rested entirely with tue States were tv ve suumitied Lo the two houses of Congress for arbitrament there would be bargain and imurigue winch would be ruinous to our Institutions, ile ob- jected (o tits bill because it provided a tribunal com- posed of members ol Congress and Judges ot the Su- preme Court, which trivanul could roviee the action of the States im Viowation Of the coustitutio INVASION OF THK #XKO RR, President of the Seoute o the chair and counted thy voles a% 4 part Of tue executive depart ment of the government, No matter it he haa been putin that chair by the vote of the Senute, he was as hw part of the executive aepartment of Lhe Koy. nts it be had been elected Vicw Presideut by a Vote of the people, and by tuis bill 1b Was ate teinpted to invade the executive powers of the govern. meut ivdged in the President of the Senato by the consutution, He argued that there was uo power (0 go belund the revurns from a State, The Stwtes themseives were charged with the duty of making (rue rewurns, aud, i necessary, thoy could examine the polis, Lt was oot for Congress tu stop in, The dtates were to determine the manner iw Which electors Were to be appowmled. The remudy coat be tel) ircmbling upon a sofa, but he felt better | It is generally conceded that the bill will pass both | houses, but its enemics do uot enurcly give up the | struggle, The Senate 18 in session tu-night. Senator | to the bill He said be bad endeavored to bring his mind te an assent of the pro- visions of = this bill, First, because = he | and wxact justice shoula be dono to every candidate | voted tur at the late Prosidential clection and to each | The outus of Scnators tor- | | bid Caréless lexisiation, and patriousn dued If Hho kwo houses of Congress a very | ise by Its | against alse returns was ample and complete in every State of this Union. ‘The bill vow before the Senate ; tended to strip the exeeutive and even the judicial departments o! the goversment of their functions and deprived the Stutes of an express power given them by the constitution, YOWKR OF THK PRESIDENT OF THE SENATE, argued at great length tuatthe framers of the constitution intended that the President of the Seante should open und coun: the electoral vote, and quoted extensively from the Madison papers to show the in- tentions of those who wat in the Constituuopal Con- vention. He claimed that the clause now tn the con- stitution in regard to counting the electoral vote as it was originally agreed upon by the Convention rea ‘The resident of the Sewate shall open the certiticates. aud the vote shall be then aud there counted im the pres ence of the Senate and tivuse of Representatives. ft was referred to a revising committee, und after ward reported back to read as tt wow stands ip the conatituuion, Tho members o1 the revisory commit. toe inthe Copvention argued that meaning of the Cause as reviged Was substantially the same as ori- Givally agreed upon. The constitution did not de- volvo a single function upon ether Louse of Congre: in making the count; it did not recognize the two houses of Cougress in « joins capacity. [ft there hud been a gradual intringement upon tho right of the Preswlent ot the Seuate to count the vote it did not | obscure the clear ight of the coustitution. The Hou-e aud Senate during the count were mere passive spec. tutors, Mr. HaMLix, (rep.) of Me. (interrapting), said he held in uis band the return from the State of Georgia of IS80L, He could flud no record of avy objectiun jade to the couat of that vote; but there was a tradi. Mon that the tellers banded the return to Mr, Jett run, Who handed it back to the tellers aud decided it must be counted. It Wag counted, as history showed, ‘There was uo certiticute accompanying the return that the electors met and balloted, IV hud motning upon | its face to show that votes were given for any bowly, | Clearly ibdid not coniora to the constitution; butt | was coumted, a8 shown by the record, How could it be counted’ save by the decision of the person in Whose custody it was, Thomas Jefferson, then Vice Vresieutol the United States? The electoral votes Kepre Mek Maine would take the pains bo rea! the contemporane- ous history of thacevent he would see it sited that Mr. Jelferson opened that paper and handed it down tw the tellers, Who examined it ber of votes for Georgia in the proper coluwu. They then passed it to Mr, Jeflersou, Who declared the Stua | uf Georgia bud voted so and so, . There Was nd ovjec- tion, no debate, MP. SaKGEN? resumed hi the bill now belore the s harm, 1: was browd and tur-reaching in its euuracter. The eilest ul tt woud be to Weakeu in the mings of ali a revervuce for constitutional law, | DEGRADING THK SUPREME COURT. | He opposed the bill bocuuse it degraded the Supreme Court ana brought the Judges ito contempt. hatives, romarks and argued that ate, if passed, Would do through 1, One of ibe hypocritical pretensions of this Dill was that it was not designed to prejudice the Fights vf the parties, but thut the courfs were to be Jef. open te sett them. He then referred to the selection of the Judges of the Supreme Court, cod asked whut justice there waa ting the Judge representing the Ninth district tu represent the three great States of tbe tar West, whiew had,voted in ppusition. to him, and the opin- dons of u majority of the people of thuse States were as dumetrically opposed to the opinions of that Justice asthe poles were to cach other, The sume thing might be suid io regard to Justice Chfford, These Judges were selected on accvunt of th political vpinions, uvt on account of their geographical loca. tien, 4 CHANCK FOR CHBATING. bers of either house to serve on the commission, and ( said Gb cet: nthe, Supreme, Cours; snuges'. tv....verve Duppose the Senate should appoint on its committee on. the. electoral vote committee when — the | three republivans and two democrats and the House should then appoint tive democrats the Senute would vill, passes; but it 18. generally conceded | py cheated. ruppuse botl houses should uct fairly in appointing the committee there would be seven democrats and seven republicans. These sourteen men must SIL us Spectators watching the result of the fit. Wwenth mun, Whom no op knew, Of course men of proncuuced opinions would be placed on that commit tee, ‘They would be placed there us advocates to con- vince the tilteenth man, He objected to the vill because It invited a political party, deteaid by the ordinary forme, to clamor tor another chance. He argucd thit Congress could not go bebind the act of the Louisiana Returning Board without committing an unconstitutional act, The been, Ludeed, nothing is more noticeable bere | people would not respect tuc decision of a tribuoal without precedent, without sanction, ‘the people just now than the contrast between tho Fibs. go behing thus counmnitreg, this partisan aeare jug board, He did vot’ beheve that — civil Vetiement distrust of the Supreme), Courhic BY | war’ ihroswned. If. it did, this . bill would Messrs, Morton, Sherman and Sargent and | Hot avert it. Speaking for the people of his State, who desire! 10 injustice and would Yield to none, he objected to the bill because it prevented this grand Returming Board irom hearing avy satements ihe republican party iw to the elecioral vote of Mississippi and several ober Suter. He objected to the bill because by it the demo- cratic party yielded but oce point while the repubii- cans yielded iwo, Under this bill the House could have the vote of certain States referred to the commis- sion, 1) was a surrender of republican rights, CRRTAIN INCONSIBTRNCIES, Mr. Erwunps asked whether a biil did not pass the Senate Lore months ge with tue vote of the Senator trom Caulforma, which provided that im case of duubi returns Irom a State, veither should be counted unless both houses concurred? Senau Mi where it belonged. MUNDS said that when the Senator from Cali- fornia asserted that tis bill was a der ho was in error, He (Mr. Edinunus) did not con- wider this bill a republican surrender. It was more like a republican victory. Mr, Sakuent then couciuded his remarks and said he would do ull 19 bis power to avert wa He did not believe that civil disturbance would tke piace, but war was not the greatest calamity which could befulla nation, It was preferable to dishonor, He washed his hands of this Let those who desired to take the consequcnees of it do so. Mr. CoNkiuNG presented a petition, numercusiy signed by merchauts and onsiness men of New York, in tavor of the pussage of the pending bill in regurd to the electoral count. Laid on the table. GRATITUDE OF INDIANAIANS, He said he wouid present to the Senaic, wero it not addressed to the Special Committee, a telegram re- ceived this morniug trom Indiana sigued by thirty- gratitude for the intelligent and patriotic labors of the Special Committee, which bave resulied in a bill for the settlement of the Pr pressing the most ear law. Among the signatures to the telegram be noticed the name of Conrad Baker, who was that of Leonidas Sexton, who was ouce Lieutenant Governor; that of Mr. Gordon, the republican cand.vate lor Attorney General, and’ that of Beu Hare rison, WhO, a8 the caudidate for Governor, carried the though 1t was disastrous, Mr. Conkling then handed the telegram to Mr. Mor- ton, amid laughter on the floor ana in the gallerivs, SPERCH OF MI. CONKLING, Mr. Conxtixg—-ir, Preswont, 1 tricd yesterday to answer in part the chief oujection to the pending bill. | That objection had then received litte attention in | the Senne. The honorable senator from Calitornia has this moPuing gveu the weight of bis authority, Sen fior= have asked why [devoted so much ime yesterd: to dispreving the authority of the President of the Sens aur, saying that nobody in the Senate contended lor that power or believed inti, Assuming Ubat itis true that the chiet objection to the pending bill prevailiuy in the press anu im the country at large i the Idea that tho constituisou reposen in the President of the Senate | power todo whatever can be done im deciding on aud making eflectual electoral votes and in judging cone | iheting certuficates-—if this be true this bill bas no fuvriing. YESIKGDAY’S ARCUMENT, |b dealt yesterday ou the text of the constitution to —liret, that it does authorize the President of the nate to receive, keep aud produce and open all the | certificates, and alter they are opened that the consti- tation does not empower Ltn Lo pass on the votes they inay contain; second, that implication works power | to do only ‘those things | an expressly authorized act, and that wh cessly au 18 done and ended tinphe From this I bad argued that as the opening of sealed certificates must tuke place belore the vows they contain can be examined or touched, and of course belore countiog can bexin, the power to open | botorehand cannot iinply the power to do a separace and a different, a greater, thing afterward, 1 relerred to the fact that every count from the vegia- ning las been conducted and controlled by the tre houses; that irom first to last tellers appointed by the houses have enumerated and that th President of the Seuate bas vever even enuine vote: tea the 3 bee that the certilicate reenting the count aud ordered by the two houses aud signed by went of tie Senate as their organ expressly ved and ominanded to sigu it; that the torm of the certiticate remained identical trom the be ning and Was used and signed on occasions when kuew chat the houses entertained objections t vores and When tho record shows conelusie | that the certificate did not aut could not imply any power tn the President of tae Seaate of himself to determine anything touching the viectoral voros, Allusion should Lave been mauve to the Furth that in po imstavce bas tho lresident of the Sena assamed to judge or ide anything, of todo an. thing beyond opening the certiticates except by te mark that if the great name of Jeflerson is hable to be stained to-day by a suspicion that taking up a paper, you of form and void of substance, as 4 consti: tutional certifi ho silently in his seat direceed or induced the — tellers, Awithstnoding the latent sw the patient vi im that paper to count tt for him. | to that aspersion it is exposed to the a-porsion that be, acting as the minister, ax the organ, as the agent of the two houses, in their presence, Speaking wequivscence, procevded to do cluadestinely what was got revealed tv them, or by the clear mans date of the reso.utions under which Lhe two houses were proceeding did not he within bis province, and ap act, the success aud thereiore tbe essence ul which consisted in (he secrecy with whieh 1 was done and the chalienge which it thereby avowed, THE INVARIADLE SYSTES, In addition to all this is the fact that in every in- | Stance since tue foundation of the government by | committees appointed in advance the two houses have proarrauged tho whole process and proceeding, and this without ono dissent or recorded doubt. This practice never cevsed till the twenty-second joint standing Fue was made in 1866, ‘That rule bas gone, The custom of raising committees to — ascer- tain and report a process and proceeding for determining tho result ot tho Pre: denial eleciiou has revived. Commitwes bave fact | if, I aay, bis memory be exposed | wthorized by their | Were gever in the custody Of the Senute and House of | MUNDS, (ep.) Of Vi, Sala ifthe Senator from | entered tho nut | Ir | brought the Judges of the Supreme Court down to the | muddy pool of politics and compelled them to wado | He thon referred to the c.ause requiring five mem- | bt have to make sa regard | Mr, SauGuyr repiied that he did vote for the Morton | Dill, but he argued at the same time that the power vo | count the electoral vote resided im the President of the | publican surren- | seven republicans and three democrats, expressing | idential question, and ex- | Udesire that it may become a | nce Governor; | flag and gallantly Jed the tate canvass in Indiana, | | | NEW YORK HERALD, fHURSDAY, JANUARY 25, 1877.—TRIPLE SHEET. Deen appointed, the report of the committee is the pending bill which awaits the action of the Senate, aud the que-tion 1 whether we are to have that method or Bo wethod or rome other method not suggested, and which no time remains to devise, A CHAPTER OF HISTORY. 1 bow beg the attention of the Senate to a chapter of history. It begins in 1800, ‘The constitution was then ten years old. The men who devised and tramed it were im the vigor of lite and stood im front of that historic truth waleh, at the commencement of this ceniury, had so mucd to do wih the govern- ment of the country, Many of them sat iu Congre: M not in 1800, at the period to which in a moment shall reter. Among these mon was Jumes Madison. He hus been calied thy Father of the Constitution, and @ low years atterward became President of the United Stutes, The constitution on its face had specified tive justances in which the force of vous could nut make # tmp President of the Uuited States; five disabiiuies Wer@smposed upon the Pre tial office. One dis- abil@y was ailixed to possible Presidential electors, ‘Tuat was true wien the constitution was luunched in 1789. It has beeu said in this debate that the pen of mau, the forecast of the sages who drafted this instru. , hever reached forward to a time When probiers this or uny other probiems would come to be solved by the President of the Senate or by the two houses, or be the power what it may which conducts wud determines tue Presidential count. I ventured yesterday to deny that assertion and repeat the do- nial. In 17964 Presidential election had been held. Electors bad been appointed by the States, Vermont among others, Madison and Jeflerson, separated by distance, Were in correspondence, and Madison wrote to Jeifersou that the election wax still in doubt, It was weeks after tno time when the Electors had been appoimed, because of the ailegation that there was vice—l use his words, mM the vote of Vermont; that if those electoral vores turped out to bo valid the election Would be “ene way, and otherwise it might be the ober, What was tho vice alleged view in Ul voto of Vermont? I see one of the Scnaturs from Vermont here, and, speaking from general recoticction, 1 gladly speak subject to Qo correction, The Stato of Vermont was hving at the “time under constitution —udopied some time — befor: No statute had een passed directing the mode in which electors should be chosen and tho constitution ot the United States ordained that they should be appointed by the ‘States in the mode directed by the Legisiatare, The Legisuicure of Vermont, in the ubsence of w statute, proceeded to chuose and appuint electors. That was the customary mode observed then, I beheve, in every State excopt iv the one or two in which the Governor alone appointed, Argument arose on the ove side, It wis said: — The Legislature of Vermont has not directed th lectors whould b Is ny statute, andthe Legisiature canuot spe tute. On the otber hand it was said:— Whou the Legistature procoods itself to choose electors, does it uot direct the process? Does it not suy by action apenking louder than words how the electors shall | chosen? And it was vf that doubt, thay question, that al- leged vice in the m¥ate of Vermont, that James Madison, on the 25th of December, 1796, wrote to Thomas Jefferson these words: LETTER PROM MR MADIKON, Toannot entirely remove the uncertainty In which my Inst left the election. Unies the Vermont oleetion, of which little has of late bee: suid, should contain so Yieo 1 At Mr. Admins may be eousidered us tue P elec ‘two weeks afterward, on the 8th of January, 1797, he writes: — If tho Vermont votes be valid, as is now generally sup- posed, Mr. Avtains will have 71 aad you 63, Piuckuey be An the rear of both, Mr. President, the date of these letters goos back almost tu tho very time when the constitution first spoke, | might cite other lao's, The arrival of pet- tions from New England cuurging wrong to the ap- pointmont or choice of electors, and not alone suc potitions, to show that immediately after the adoption of the constitution, and as | insist by reason of what ears On its face before that adoption, its authors had to mind 4nd clearly that questions would arise cotcurring the power of deciding aud Judging in de- termining tho Presidential election. CONCLUSIVE KVIDENCE, But coming to tue year 1800 [ hold up the conclusive evidence that many men uf both Louses of Congress and the leaders of thought in the country beside, had their attention riveted upon how should be managed just such questions as ure some of those awaiting #o- dent lution now. On the 28d of January, 1800, carly in the year, Mr. Ross im the nate moved & committee instructed to “inquire whether apy and what provision should be made touching disputed elections.” I quote the Janguage Int- ‘disputed clections of President and Vice Pres- of the Uuied States.” Lt was the l4th of February betore report was wade, Jt waa the 28th of March betore Lhe bill reported was final'y acted apou, and the inter- val is dotted und studded on the skeleton record which has come down to us with the days und the occasions on whch the then members of tho Seuute and atterward the members of the House expended on this bill their most curetul aud urgent detiberat in the House, the debate Was ied and the vill was amended by Juin Marshal, ove year before be took his place on that high judg: ment seat, whence immediately he began to fill ull junds with bis renown as an exponent of the constitu. tion, and here, jest | forgot it, Ltake up some of the words of Jolin Marshal, The bill had passed the Senate ip the torm 1 will read. It awaited tne tavor- able action uf the House, which it received, [ts title rewl **A bill prescribing the mode of deciding disputed elections for President and Vice President.” The bul huying.been read and the first section being under oration, Mr, Marsball, after speaking of tbe importance of the subject betore the committee (it was iu tbe Committee of Lae Whole House), and the ne- cessity—I beseech Senators, to ovservesthis—‘‘and the hecessity Ol some sulutary mode being adupted for this object”? —that Fis Lo gseitic disputed oiections of Presi- dentand Vice President—expressed his doubts of the propriety of two points in tue trst section of the bill, to Wit-—lirst, that the Senate were to name the chair- mun of the grand committee and, second, thut tho opinion of this grand committee was to be final, he, thereiore, moved to strike out of the section sO much as related to those principles and read what he wished to be imtroduced & substiiute erect brute lorce or partisan zeal upon the ruing ot the law. Charles Pinckney suid it was for the States to appoint electors, Tho electors were to speak, and with a coutidence, which a prolouged existence would have disappoiated He said, who can suppose that any State will ever make an oifice-bo.dler an elector, oF will ever do any other thing whieh the oun stitution forbids? If [I were to say that argued that the whole thing must be left to the =tates, I should overstate it. The argument that it had bet ter be, tbut 1b was not worth while to be pragmatic, not anticipate difficulties or problems, but trust to a zerene promise of a noble by und by, trust that ull the States observing the cuustitution, knowing 1 would speak and act according to it, and that vo such que: tion would ever vex the nation’s ear or come into the halis of Couzress tor anybody to decide, At the eud 1 the argument of Mr. Pinckney the Sonave passed a bill, to which J Wish to call attention, As reported by the committee, it provided that of the committee—the rand committee, as 1t was callod—to ve created by the Dill, the Chief Justice shouid be president, DRAWING BY Lot, The honorable Senator trom Ohio (Mr. Sherman) was ho moro nor less than right yesterday when he sud that features was stricken trom the bill, and Lusk the special ultention of the Seuator from California (Mr. Surgent), among others, to the actin which it was stricken from the bill in lieu of the provis.on that the Vice Pre mM sbould be chairman vl the grand com- mittee Was inserted this provision :— It shal) be the duty of the Senate and House of Repre- sentatives of the United Btutes tu draw, by lot, each house six members theteot. I will not read the whole of this. provision, the: members were to be draw By lot i three were to be | Seected trom these and ut that three of this diluvon Of a dilution a president of the committee wus to be found. ‘There are other provisions of tis bill to which Attention, | will venture to baud to the reporter the bill, a8 should Hike to have passages inserted in the report more at large than I shall read. ‘The title of the Lill L have indicate r ribing the mode of des ent und View Pres I pe vided for tie wi as & erand Committ pe 4 dixputed of the Cuited stat jections inittee to vex te 0 shail have y seids wl disputes: relativ dent and Viee President of the Uutied provided always thac no person sli of serving on this committee whe inone of ti Nichest candidates or uf kin to muy of she five highe didates, Mr. President, before calling attention to this bill T call attention to something said yesterday by the hon. erable Senator from Olie, Whom 1 miss from his seat at itis moment, He sad that Mr. inekney, meaning therevy Churles Pinckney, & Senator at ihat time, auewered the argument mude in favor of tbig bill, Were the honorable Seaator here { would appeal to him to know whether he intended to apprise the Senate that Courlos Vinekuey or any other man who took part in that debate ever intimated that une ounce of pow oue feathsr's Weight of authority, one particle of pre: rogative resided with tbe President of the Senate to judge an electoral voto or usceriain the resultof a Vresideniial election, VINCKNKY’S ARGUMENT. Here w the argument of Chaties Pinckney. Tjadge that, alter tho manner sometimes of these days, it was — an | a prepared, a verbally prepared argument, because tu vminund of the two houses, and I turn aside tore: | ali iis book and its iedo Seaton, it app: sianees In Which in extenso, Verbally ‘wpeaking, any man ws reported. Lihink Lhave a right to assume that Mr. Vinekaey reported himself on. this occasion, and | vouture to read a few of his words, as the honor: able venta made allusion ty bin alo, [bax made their duty’’—-that 1s the duty of the two hous “ta count over the votes a convention of boch houses and for the President of the Senate to declare who hag the majority of the votes ot elvctors traustnitied. volumes, the anuuls by Again, from this part of the constitution it 1s evident | shat No power or authority 1s given to C on Dou mbied Wer thay to ype and to count the vows and deere who are President and Vico President, if an election has been inade; bne if ny elvetion bas been made, &e, Mr. President, | do not rows Unis us a conmribution to tho doctrine at the power resides in the two houses futher than in the President of tue Senate; L read it merely to show how tar it was from the purpose ot Mr, Vinekuey so to exptore any such question, His argu. meut (rom beyioning to etd was dilerent, Tho argu ment was (hat the electors were tu be appoiuted by Ube States; that was the function and attribute of the Mtales, abd that nothing Was to be done by the two houses or by anybody on earth except to ascer- tam what tho States had done. And 1 peg just here, jost it escape me, to say that TL uo bot believe any Senator “why concurred ia reporting this bill holds any other woctrine maniiest velore the tribunal, a8 itis called, or in any other way, What is (he act of the State of Mussachusetts or the State of Louisiana 18 avcertained by looking at the jegal evidence what either or both those States havo done; what electors they have xppuinted, and how those electors have voted, There is, the mew and bounds which tribunal authorized by this vill ean over. pass, No, sit, ubody can overpass except vy ‘s almost ulone as one of the rare in- | usurpation which may trample the constitution under foot; und section 3 provided Each house shall then proceed to Hs tellers, wh: “0 by ballot two uty it shall ie to re the Hresidont of pened and red. Each member of the committeo was to take and suvscrive an oath, and to that oath, tor a parpose, I ask attention, The vath was-— J will impartially examin of President nnd View rent vother with all the exception given by the electors e United states, tor petitions againes then + according Lo the evidence. dud @ true Judyinent kive the Section 4 provide: ‘The Pre dvnt of the Senate shail then deliver tot | the Grand Com ificat wot the | all the eertith uuuents Leas | mitted by them or by ority of auy State, | memorial oF the pers wis the ec with 4 COMMISSION ME SLCCKSHION, The Senator from Onto observed erroneously, yester- that the pending bill provides for a succession of ommission, Not so, This vill of 1800 made. that provision, 1 will read 1t:— wet doors and 4 majority of the may proceed to act. Frovided tho number frou mo im exyttiel. But for an unwillingness to tako the time of the Senate | would remind the Senstcr trom Calioraia bow our fathers argued that impartiality was gained by countorpoising against each other an adverse bias, One house at that time was turgely federa', tho other wus largely republican, divided as the bouses | are now, and this scheme provided that | this comniiitee to be composed of both should proceed 10 act only when each house was represented With exact equality, “Section 6 provided that the Grand Commitice sbull bave power to send lor persous, papers records; to compel the attendance of administer the oaths to all persons e: hem wnd to punish contempts of witnesse @uswer and Who suail be couvicted for wiltu rupt perjury. Section 8. 1 ask attention to it, Grand Comiittce shall have power to inquire, examine, decide and report upon the constitutional quuificat of tho persons vowed for us President and View Presi- dent of the United States, (Upon the constitutional qualifications of the electors appointed by the different States, and whether their appointment was wuthorized by the State Legislature or not upon all pe- titions and exceptions against corrupt, ilegal conduct of the electors, of turce, menaces oF improper means used to intinence thelr votes or agaigst (he tru rt their recurns lace Or mancer ol giv! their yoies, jon 10 demanded of the graud com: | mitteo in these words :— | ‘The revort of am final vad conelusive us smadmisstbitte retuaug and cor- the sald committee shall be ermination of the admissibility or the votes given by the electors for Prem dont aid View President of the United. States, Votes are rejected by the ead © shall be stated in writing for such ex ‘This bill being ameaded in several particulars, but in no particulur changing a sctatilla those which Lhave recited, save only to exchange the Chief Justice ax President for a Prosident to be drawu by lot, passed the Senate by a large majority. Mr. Sanaxnr—By a majority of four, Mr. Conk’ Vout was it—I6 to 12, was it now? 1 do not withdraw my remark, but I continue aud com. | plote it. it passed the Senate alter a vigorous aud | pertinacioes opposition, never for one moment grounded upon the idea, wever in any instance sug. | gesting as the faintest hint that the power did not re- | wide in the two houses, or that no power did reside in the President of the Senate beyond the — per- formance, not of that paltry auty ueseribed by the Senator tro Catitoruia, ‘when be spoke of being w common carrier of the papers, but that duty of honor and solemuity which consistod in receiving tn trust, umd ina high trust, the secret certificates of what bad been doue by bodies of men in great watters and presérviug them inviolate until, im ihe preseuce of the representatives of States and the reprosenta- tives of the people, with that Interest which heirs sometimes feel when “the will 1s opened,” borrowing @ homoly phrase, these representatives aud their con. stituents might for the ret time know What had beea summed and consummated, and the average and aggre: gated judgment of all the Electoral CoJege. 1 way that tbo Vice President could over do more than that was never hinted in this debate. The bill went to the House. Now, 1 beg to call attention to an amendment offered by Mr. Nicholas, distinguished tor no other reason thon be- cuuse it commanded not only the preterence but the approbation of Thomas Jefteréon. ‘Those who read his letiers written at the timo will see that he says, “Everything olfered by a republican is voted down by the customary majority ot two to one, but in a few days an amendment will be offered which will express the repuvlican view.”? Thero is that amendment offered by Nicholas. £ am not going to read the wholo of it. Its reigning feature, which commanded ihe approval of Mr. ‘Jefferson, | was that when objection was mado to a vote that ob- Joction was to be passed by the two houses sitting in Jolut meeting and voting en masse and per capita, | Senator by Senator and member by member, That | was the theory that Mr. Jefferson had. The theory | found expression iu this amendment, and to the pros | amble of tho amendinent I beg the Senate to hear, { | ask the Secretary of the Senate, whose location is so goo4, to do me the favor to read it. ‘Tho Secretury read us follow: Amendments to the bill (supplementary to the act) pre- | scribing th ing dixputed evections of Presi | the Unit to ntrike oat | thet ann, And insest—Whercas, un un eiection of President and Vico President of the United States, ques tions may ative whetin ode nuthorized whether at thi day on whieh an elector las been appointed in ry the Legislature vf his State or a time “Le determined by © Lut thetine « | was, hin vote Senator or Representative of the United states, of held an olfigs of trust ar prolt under the United tates; whether th ws voted for isan inhabi- | 3, whath by oullot and lieve niscre the President of uf the wdaptios stitution were thirty-live yeurs vld and had be sident within the’ United States? And of the United Stetes having directed that | the United states suuil— Mr, Conktinc—Now | beg the Senate to listen tothe | words avout to be read, The Secretary continued to read ag follow Presidert of the re shall, in Moune of Representatives, nd that the voids suuli tasn ne snable inference nnd p ms ted by the bers con re tor that vilice, wo the wore reason. | tutional right of ench State in n tigers is exuctly preserved in thy | whieh iy to Judge of its vailuity, the wunbers of and Representutiy ouch’ Stete composing | jd tribunal being exwe —Beo it enucted, &c., that wh bers of the Seuate and Huuse of ‘Reprenutatives sumeled for wwe pur; of havin, electors of the sev y that of the eweturs of the Per Mud put into a ballot box, out uf | which ong shull be drawn wt a tine. xo HANCE, | Mr. Conkuina—That 1s enough, 1 do not wantto | shock any members of (he Senate by having them tear that thelr fathers proposed to toss a peauy or draw anything out of a baliot box. ‘They did, however, pro- vide that the President of the Senate should nut even determine for bimsell the order in which he would pick up and break tbe seals of these packets, They provided (hut putting tu a box a paper contuiming the hume of eacn Stute, a member of one house should shake the box, wuda member of the otver house suould draw it out, and thea che President of the Senate should open thut certificate and uo other, apd that uul every exception taken to those votes was adjudged aud acted upon, ho otter certilicates should be opened then, as, | say, that involved the doctrine of chance und nobody wants to be a dirk idoluter of chauce. Un the contrary, we ure eudowed wiih sera ples ond virtues mm that regard when var tathers | had not. ‘This amendment oflered in tue Senate tailed. Ivtailed. It failed, not because of ite preambie, wnich the Secretary hay read, but vecause of ity suvstance, | the latter part o: wateh f will rea és of that State shall ball ten e Vrostident of che 1 then shall be read also th other papers ond nits if no exception is Uhereto the votes conta cortiicates siail be counted; but If ti h ie wo. by Yeu or may, whet or vote Alor not, aud the votes of one State being uted another ticket shall be drawn from the ballot It will be perceived that provided for # call of tho rol in the jornt meotiog mm Whieb every Senator ax a Unit and every member as a auIL should respond yeu or nay. Natural ugh tho States would wot sur. | render the preponderance of power that they have by having their representatives fused aud merged en masse with the more numere ous” House of presemtatives, und, there. fore, the Seni cl mendment, But, 1 "repeat, tb the preamble that the power was with # nud none vt with the presiding oflicer received no eriticisin either house. " in In the House the bill was reported With amendments, not one of Which bears upou the topic we are now considering. The two houses split and the. bill was rent vo Tock—one house being republican and (he other vemg federal, lt was suid in oav house that i eikber house object to the count of wn electoral Vote it should be cast ont; in the other house 1 was insisted that no vote should be cast out unless both houses so said aud, aveoruingly on We word “admit? of the word -rejeut? | the houses differed. ‘They first insis they then adhered, in parlian parlanc and the bill tell’ becouse ow } part in this body wonld not yield into the bands of a frei treat party in the other end of this baijding the dsponendi or concluding power over an viectorul vote und all me,n all purties both houses concurred im al- firming by words and by votes that It was for the two houses of Congress as suchor for the Jaw-mak ing power | to couduet, guide and conciude the whoiw proceding THE LEGISLATION OP 1824 Mr. President, vegging pardon tor occapying so | Much Uae upon bbe Yili of 1500, Whieh contains every ens element, certainly every one to which obje hon ie, tO bo joUnd In the Wii Velore us. 1 bey tu wak attention to the legisiation of 184, Ubjection bad been mado tthe count ut the | voto of Indiawa in 1St7, — Missonr had put imo her constitution touching tree men Of Color provisions Haretil to the judament and tho | sense of 4 Jurge portion of the country, and objection | had been made to the count of ver vote, fo 1824, 10 | the Senate, caine Martin Van Buren, the organ of ‘the Commitice on the Juric senate, Ho came | in Fe-ponse tow resoiution passed on the 16ch of | December, 1823, a resolution which sutmmoened that | committee Lo axceriain aud report Waal in this regard the public interest nod tue puviie satety required. On the 44h of March he reported tue bili whicu L hold in my hand. Not until the 19h of April, and after pienty of debate and consideration did it puss the Senate, Tt Wentto the House and was referred to the Judicury Committee, ou the 10th of May, 1824, who repo Who was the organ of the law Committee im the | | ha | gima, | “Chis is not the time”? | the course of the prot | snows of se! | to assertain aud repo veel Seilles SSRI SRLS House when this biil was reported? Daniel Wobster, of Massachusetse, reported i. ie reported it without changing the dot of au i or the cross ulat. The amendinent oF cavil was suggested. It had ta body, as I may, lt had becn waraugot by Mr, Van Buren. who afterward led his party in the Vonal canvass and stood as the acknowlegea and visible Lead of the democratic church. It was reported withoutdissent by Mr, Welster, who was koown at the great expounder of the constitution, but t was not reporved unui! the Loh of May, 1 it was then re. ferred to tho Committee of the Whol, and [ aeed bot pugsest that when the 10th of May hax arny in this latitace, the House of Representatives aud the senae has alwavs approached pear Use term of its existence for the suramer, The houses adjourned, and thas tue bill was lost, f turn to two of its provisions and ed them to the Senate. It provides, curwusiy enougit, that on (he first occasion when the votes were to be counted a meeting sbould be held in the hall of the House, and after that that (he two houses should assemble iu the rotunda, That is my language of the bill: —*The Senate and House of Kepresentatives shall meet in the hati of the House of Represeatatives at the uext occasion, and on all future occasions 1a the Sewate room of the Capitol’ That T take y to be the Rotunda. They were to sta under the dome 01 the Capitol oo neutral ground, Now, the bill pro- Vides that at twelve o'clock of the day appointed for the counting of the votes that may be given to the two bourses shail meet as I have deseribed. The packet containing the certificates from the electors of such = State shall then be opened by the resident of the Senate beginuing with the State of New Hampshire gud gomg through the States geographically,” and af no exceptions are taken theroto ull the votes contained in sucts certiticate shalt ptivad be taken the person ate bin writing dircetiy ptitively, Leigh his ware tt if the exception be seconded, Ke, And then each House shall ininedutely retire without question of devate tc its OWN apartment, und Shall take the question on the exception without debate by ayes and noes. So so0n as the question shall be taken io either house a muss. cuger suall be sent to the other, informing them of the decision of tbe question, and that the house send- ing the message i prepared wo resume tue count. Not to resume witnessing a count tu be con- duced by somebody vise, but “to resume the coun and When such message shall have been received by both houses they shail agam meet in the same room «s betore, “and the count xoail be re. summed.” And if the two houses nave concurred in rejecting the vote or votes objected tu such vote or votez shall not be counted, but unless both houses concur such vote or votes shall be counted, That, Mr. President, was the bili of 1824. Be it wise or unwise, it asserts aga by a unity of voice, with no recorded doubt or dissent, that the par- amount love of the Republic bad reposed im the two houses commanded them to See ty it that constitation- ally, legally, peacetully, truly, the result of an election should be ascertained im which the people, by States, had recorded their preference for the Chief Magistrate of the people, OBJECTION TO THE VOTE OF STATES. T have guid that ia 1817 the voto of indiana was challenged, Her Senators in the Senate chamber, In the House, sho was represenicd. The question was shall this vote be counted or not? The Houses se rated, entertaimed the vbjection, deliberated. Im 1821, Missouri had come in. Before the dny arrived, on & motion mae in either house, a committee was appotated to consiler ana to forecust that reeu!t; committees acting in consonaace with each other to predict, to foreurdain, to conclude ex: actly how and what should be the vote, and the dispo- sition in the case of Missouri, A few woments hence, unless L overpass the patience of the Seuate, I shall read the Words o! one man conspicuously eminent he ign the historic group of which ae was one, be. cause, strangely enough, | huve rea in public journals | that he uttered his vorce in tuvor of the idea that power was deposited exclusively with the President of tho Senate, By the participated action of Mr. Cray and others committees were raised whic! prescribed, in 1821, that the certificates of Missourt bemg reached, 1 should be reported In this way :— Were the votes trom Missourl to be counted, the re- sult Would stand so and thus; were they uot to be counted, the result would stand thus and so, aod in either event James Monroe has reevived a mojority of ail the electors appointed, and is there- fore President of the United States. No suggestion was made that the presiding officer hau any power un earth upon the question, I measnre my expression, for if he were the vice president he 18 not @ member ot nis body, and has no vote except im the care ol a tie, It he be us you are, Mr. Presiaent. a member of the Senate, you have one vole, not qua your Presideney,’ but qua your Sonatorship. It 18 ves cnuse you hold tho credentials of the grew Stace of Michigan, aud not because I voted for you, as I did with great pleasure along with the majority of members to preside over us, that you have the vote ot One entity of seventy-four, upyn any question what- ever. In 1857 the certificate of Wisconsin was opencd, A violent suow storm had ragea, The electors were Impeded in reaching Madison, the capital of that Suis, They arrived at Madison a day too late ‘The law suid they must vote tne day before, Taeques- tion, as lawyers whom | see before me would but fi, was, Is that mangatory, or wus merely directory’ Jomes M. Mason, of Vir- satin your ebit houses met in the hall. The certilicate w: ed. Objection was made, ‘The presiding officer said, “fhis is not the time.” The tellers wrote dowo upon a table. A rep: wntative from Kentucky rove; the President sud, ‘The President of these twa bodies sitting together then rose, aud | state it with brevity, because I will not dwell upon it, but L mean te slate IPexuctiy, and invite review and correction it I am wrong. pe President suid, “No proceeding in order here. = =The tw houses together, which requires debate or a vote here. jing Officer of these two bodies, as he not because he was President of the § join Randolph early raised bis voice aguinat tial idea, but because of the comity and agree- ment of the two houses he was selected tor that ocea- sion toact us the moderator and pr at that joint meeting, - say Mr us President nothing was in there which involved debate or a vote ip the two houses together. Oue of the tellers, Mr, Jones, of Tennessee, rose, us the record will show, and waid, “L take it the true inode is lor the Wouses to sep- arate and determine separately whether (his vote shall be counted or not.” Mr Mason rose (I use his precise words),1nd said, “The Coair considers.” He im ding, mn every form of con- yenient words, dixciaimes all power, He suid:— “L have uo power to count this vote or refuse to count 4. 1 have no power My business is ‘Th to say 1b is. a goud vote or a bad vote, to open the certiticates—[ do 1 Must decide whether the vote 1s ¢ can be counted uf uot.” Stephea A, Douglas, of lie | noms, broke into a somewhat vivient—L prefer to say ssioncd—exelamation, and by the by no more im- | passioned than that in which Jobo J. Crittenden ex- cH, wml itinay besald of bim that the ty Wiuters on his head never qucucned fires of patriotisin that raved venvath, He und others rose and said the Douglass a her When the President of the Senate disclaimed utterly all intevtion to partici i the proceed‘ugs im that ard, on the motion of the Senator, the hous The Semate came bere and debaw aunsed himself of } un attempt of usurpation. Saying ‘ wid have be w that he osd nothing to do with rt except to open the certificates, and then, as authorized by the two houses, Lo act as the presiding officer of the yoint meet. toy, DUE he houses, and they alone, must determ: whether a Vole was goed or ether it was bad, of whether it was iodiffereat, an laquiry which would ave been profoundly immaterial it the law bad been as | heard it announced the other day, that no mater whether good, vad or todiferent, in either al ternative the vote was to bs counted & resointion adopted by the two houses 1a 1865. Revellion stood with gory aud uplifted hand striking at the vials of the Repavte L wal aumit Jor the sake of argument, L shall not read the reso- Intion to dispute that many sets might be proper, if hot competent, 1 the presence of such events whieh, in their absence, Would Lave been Without justification, possibly without extenuation, Mr, Howk—The Senator adinits it. Mr, Coxkiiso—L say to my honorable friend that {C1 admitit tor the sake of argument, | alfirin nothin, in regard tot, Lnever believed that the constitute ated because It Was usserteu that the govern- ightio be, Laever believed it was vio- lated because it was asserted that the nation bad power by the beak and claw, which It commanded to put down resistance to it aad reduce it to obedience. I affirm pothing about that now. Here isthe resolution which was passed : Ko it resulved by the Senate and House of Represent: tives of the United =tat ea agre) Lied, That the States the prenmt Joint resuiar ul to represent wlectorat College toe choles of President and Vieo rest de the United states tor the term of office commend ing on the 4th day of March, 1565, amd no electoral votew stall bo received or counted trom salt States eoncerniny the envice of President and Vice resident for said term ot office, Approved Febraary 8, 185 That resolution went to Mr, Lincoln, the President of the United States, und { ask tbe atteation of the Sepute to what Mr, Lincoln wrove:— ‘The joint resolution ensitiod, Ae, hus been signed by the Executive, Lam reading the language of Abraham Lincoln: Has been signed by the Excentive erence to the Congress implied in its passage an Ju Kis own views, however, the two ty Kress convened under the twelfth’ article of th tion, Not the twenty-second julot rule Nave complete power to exeinde from counting all clece toral votes deemed by them to be ilegal, aud it is nut come petent for the Kxecutive tw detent or obstruct that power by a veto world be the casei bis action were at all exe tintin the matter, Me divectaiins all right of the Bxec terters in any way in the matter of Canvays ng OF mating the eetoral votes und he ale disetaims that B; signing sald resulution he hay expressed auy opinion on th Fo the prowable or any judgment of ors own upon ject of the resilution. kAvcitive Mansiow, February 8, INC. Abeanam Line THE TWENTY-s8 This brings to the tn Joint rale was establis Mr. Sherman, said yeste e report of the Judioury Committe, no, sir. tn 1866 the House and the Senate passed, as the sevate and the House have passed this year, resolutions raising commitieus in the immemorial language of the resolution the mode in whet the electoral vous shall be examined vnd tue result wseertamed,’? Wh Mr, President, was that committee im the House My houerable fricud from Ohio wiil remember then well when | suggest them. ‘The chairman of the com. mittee Was Thadeus Stevens, of Vennsyivania, Nest 08 tue committee was Mr, E. B. Washburn, of Iige hoi, Next to hun was Mr. Mallory, of Keatuck: ‘Then came Davis Heury Winer Davia, of Marylat and last upon ule committee was Mr. Cor In the Senate the commutes was special, consisting ND JOINT RULK, the ewenty-secoud wor from Oso,