The New York Herald Newspaper, January 25, 1877, Page 4

ses, icra 4 of Mr. Trumbull, of {ltnols; Mr, Conness, of Californa, estion, The bill might be denounced by i invest, business men wil! not risk what they aba: ¢ inex are thrown out of employment an | ‘ NEW YORK HERALD, THURSDAY, JANUARY 25, 1877.—TRIPLE SHEET. ig thas it and the various amendments proposed to it then form the basis 0: the great compromise measur and Mr. neh of Indiana These two committees | partisans on 0! orthe other, 1 might be de- a ears reported BECO! ded by the adventurers and ihe thoughtless. It arm hax setzecd upon tke people, whe ere | which is before Congress nd the country bow. Pipes aot ard the House = night be treated with courageous guyety ibe hono- | looking to Congrese to ode | threatened to be u precedent in 1 only elevet manded b rable Senator from jasy!vania (Mr. Cameron) treated | of settlement of the quee- | years after the formation of the government, bas a body objected, but I state {t to show ast ik It might not for the present receive the approbation | tion satisfactory to both parties. He hailed the | fresh tria! in a pew form, The committees or tho berg ‘no debate took place, aud, according to my recol- | ofeven the tboughtiul or patriotic, but he would xen | measure now ander sonnion are fe bi gy vow of Reena ae ih ma sonierence anv) wears lect record LT ad with:o romise in our political s! a inger ace. , yon to genre eae} Jed himeelt against | ort ante te it would be beneficial to. the pe je cong’ augiated the committee Who framed spoil | tec'and the Bouse committee bad each prepared a i. i believe no republican Senator voted against it. Mr. President, do not suppose Tallude to it to approve it Oh, no, sir, the rule is gone. ire Joice that it bas gone, but the argument remains. The eee iike quo’s ghost, will never down. But M by the constitution, the paramount law above us, shia’ province resides with the President of the Senate, the twenty-second joint rule or any rule on that sub- ject d every proceeding like it, has been a usurpation {rom she deginning as bold and a2 Monstrous “as ever was ‘attempted upon a constitution or law. Under the t ty-second joint rule Senators around me heard tho cerliticate of Ar- kansos read. Objection was made, Why? the seal impressed upon it was the Govern contradistinguished from the it seul of bn 5 and the two houses separated and in folemo action individually cast out the vote of Arkansas alto- ether, because of a supposed mistake in the seal. Wat could have been found i the library on this subject | dare not affirm ip the presence of the thairman of the Committee on the Library (Mr. Howe), tp whose presence I am always overawed. Your voles tromn Georgia were cast oul, why? Beeause regular in 0 flow on the face of the certificate, they tor Horace Greeley and the pews. papers affirmed the President of the Cited States and the General of the army and a the funeral of Mr. were thrown out, Yes, Mr, President, those votes were'cast out when nothing depended upon tne result, No, nothing depended upon tne result, Bur is this migratory power? Does it live in the two houses of Congress when nothing depends upon it. but when everytbing depends upon it does it migrate and pass out of the two houses and pass into the presiding officer of these two houses? Now, Mr. President, come to the resolution to which | beg the attention of resolution offered by bad ceased. The clush of arms could no longer be heard. Eight years before the resolution | shall was offered The Supreme Court had decided that in every intent of law and fact the war was over, Peace stood in the land; peace stood adjudgod on the record. A Presidential election had occurred, and the 7th of January alter that eiec: tion had arrived, and the Senator irom Obio proposed to the Senate this resolution: Resolved, That the Committee on Privileges and Elec- irected to inquire and report tothe penate whether ut election of electors for President and Vice ‘of Louisiana constitutional Arkansas and laws of the Unit wand what contests, if any, jd States, and what meas ‘elected as electors in either of a 0 Recessary tv provide for the determination ot such contesis, and to guard against and determine like contests in the 3 for President aud Vice tuture election of nt. of a speedy atiswer to this, that the committee may employ persons to take depositions, in addition to taking depositions themselves, It fell to my lotto assign some reasons this resolution. 1 dare not ask the Senate to listen to any reason I assigned, but I will ask the mght to hand to the reporter a reference to tue remarks that I made on that occasion in order that it may not be sup- posed of me that I have lately or hastily come to the conclusion, 1 maintain | stated very fully then my which 18 confirmed ow, that the stood either with the two As sneb, or within the province of making power, The resolution passed, 1 believe, without @ dissenting voice. No dissent is recorded. ln reply to it came @ report {rom the Committee on Privileges and Elections. To one or two , ae from that report | ask attention. twas submitted by the honorable Senator from In- dina, Mr. Morton, He says he third sec- tion of the act of Congress of 1792 declares what shall be the official evidence of the election of electors, and provides that the-executivo authority of h Stute shall cause three lists of the names of the ctors of such State to be made and certified, to be delivered to the electors on or before the first Wednes- day in December, ana the said electors suall annex one of the said lists to each of the lists of their votes,”’ The certificate of the Secretury of State 1s not required, and the certificate of the Goverdor, as provi this section, seems to be the only evidence contem- placed by the law of the olection of the electors and their right to cust the electoral vote of the State. Lt Congress chooses to go beliind the Governors certificate und inquire who been chosen a8 electors, it is not violating any principle of the right | of the States to prescribe whut sball be the evidence of the election of electors, but it is simply going be- bind the evidence as prescribed by an act of Congress, apd thus going behind the certiticat i ernor, We find that the oftic return: the election of electors from the various parishes of Louisiana bad never been counted by anyboay having authority to count them. That, it will be ob- served, Mr. President, was to show that those votes could not properly be counted, for they had not been counted as certified by anybody authorized, Let ne turn over and read what was said of the votes caat for the opposing electors, ‘ThE GRANT ELRCIORS. The ciection of the Grant electors is certified by the Lynch Returning Board, but that Board did xot bave the official returns betore them, and their election 13 not certied by the Governor ot the State, as required by the act of Congress, Ur der that resolution, paased without dissent, answered by the comimutee. The two houses when the day Tived proceeded to dispose o1 the clectoral certificate of Louisiana, Coming to a more recent period, we had reported from the Committee on Privileges and Elec- tuons a bill to which reference has several times beeo made, [refer io it to call attention to the fact— first, that only three republican members of this body voted against it, the Senator from Vermont, (Mr. Edmonds), the Senator trom Wisconsin, who sits belore me, (Mr. Howe), and myself. The record shows that three republicans, and they only voted against it, What was it? A vill which would have deposited with the House of Representauves absolutely the result of this election—a bill which passed thia body twice, which at the end of last session was urrested only by a motiou to reconsider, made by a democratic Sen- aior, but for which motion it would be necessary now only for the Houge to Lake up the bill on the motion of @ meinber under the previous question, order the yeas and nay apd it takes but forty minutes to cull them, and unless the President of the United States could find in the constitution of the United States some reason fer a veto the die of this Presidential election would be cust within an hour. Why! Because this bill by a law, by the express consent of both houses, and tne Prosident given im advance authority, one house alone, without cause assigned, without examination, without any- thing but its bold ipse dizit, to sa the vote of a Stute should not be counted wherever conflicting returns had come. Ihave beard it said somewhere that this bill which 1 hoid 1m my hand was more guarded than the bill on our table touching the | recognition it made of conflicting certificates. I read the secoud section :—- ‘That if more than one return President ul the Senate from certificates of electoral votes given at the last precedin, election for President and Vic President in such Stute, al ch votes shall be opened by him in the presence of the two muses When assemblou to count the votes, and that return hall be received by the ate purporting t> be the from such State shall be counted which the two houses act- ing separately shull decide to be the true and valid return, Whoever will go to the Secretary’s bill will dnd tho words ‘and that only” introduced with the pon after the clamps bad done their work, so as to clinch be- yond peradventure that where certificates, or [igen purporting to be certificates, conflict No certificate, none whatever, should be counted un- less both houses concurred affirmatively, In asserting that that return, and that only should be counted, the honorable Senator from Indiana observed the other day that there was nothing in this bill authorizing anybody to go behind the return nothing authorizing anybody to go bebind the electoral certificates. Mr. President, there can be but one true electoral certificate in a State, unless they are duph- There must be but one, there cannot be two. genuine and is one counmterteit. I read this And that return from such State shall be counted which the two houses, acting separately, shall Je to be. What? ‘The true and valid return?’ It was said wher Adam and Eve came from Paradise the world was before therm where to choose. They were uo freer an both houses under that bill, unbridled, unre- stricted in jurisdiction, no metes or bounds are made uy where, going at large into the ilimitable domain of caprice or power. If a majority, a majority of one house said “No,” that was the end of all consideration or’ controversy in respect to the vote of the State, That bill gave to one house that power which this bill gives to no house, That power which this bill asserts ior both houses to be exercised only when 4 provisional | selected by a gambling operation ou the part of the | examination made by both through its trusted mem- bers, and made also by five members of the Judiclury as assérting the law and the fact, then retaining to tue last in the two houses | the power to say whether that finding and report shatl be effectual or not. We have bee: sold this morning that it js the surrender of the rign pf that great party which in war and in peace bh ducted, with unprecedented success and unpreced brilliancy, the affairs of this nation for sixteen years— A surrender of the rights of that required tho action of both houses und the action of | eral value vf the measure and the necessity of such | impartial men, avd have guarded by every mode that | & plan led lum to its support ingenuity cab invent the inviolable - prerogative | HOW JUDGES HAVE BREN EMPLOYED. and integrity of the electoral vote of every State, pro- viding that it shall never be struck down even by the | unanimo on of either of the houses. But, Mr. Presideat, more recently than 1873 we have illustra- tious of the judgment of the two houses of Con- gress touching the idence aud possession of the power to certain and inquire, - We have had committees sitting im the delta of the Father of Waters sitting on the Atlantic Coast and a committee sitting bere playing wivel gun plays, io wil directions and at longer rang For what? the Senate voted tor what’ Let me read to the Senate what the Senate said:—‘That the said com- mittee hereby instructed to imquire into the eligibility to office ander the eonstitation of the United States of any persons alleged to bave been dmetig: on the 7tn day of November last, or to be as electors of Presid aad Vice President ineligi of the Caited stat Buve been or shall ve issued by ¢ Of uny State as such electors, and ‘of electors or those claimingto be th (States, vow observe, “bas been ma ‘of electors has been made, declared or ~, force, iraua of ovber wet other- ww ity with the contitution and laws States, and the laws of the respective whether any >uch appointment or action ‘any such elector has been im any upconsti- y tnteriered with, ent, Mr. Conkling dented that It surrendered the rignts Maintained the rights of all. to lawful authority the solution of the lution provides going to the necessity + last vindicate the bill anu those who proposed :t, ‘MR, MOKTON'S REMAR Mr. MoRTON said he hoped before this debate closed to bave am Opportunity c! answering some thing: which bad been suid to show that much had been said without foundation tn logic, without foundation in fact. His purpose now was to notice a despatch trom citizens of Indiana bandea to the Senator trom New York (Mr. Conkling) by the Senator from Vermont (Mr. Edmunds) this mo: g and read by the former Senato! ‘That despatch indorsed this bili, He eould see no rea- son tor producing it unless it was to show that he (Mr, Morton) did not properly represent the sentiment of the people of Indiana, and especially the repubiican rty of that State, immediately telegraphed to ndinnapeliay | a a few minutes ago be received a de- @ read. paper indorsing the bill was carried about the strects here all day yesterday and mauy lead- ing republicuns refased to sign it. A resolution passed the Merchants’ Exchange favoring the bill by u strict party vote. Mr. Coxkuixc—The Senator does not read the signa- sure. Mr, Mortos— Bus lcan give the name of the sender i! desi It is from a respectable source, Ho then read a despatch from the republican mem- bers of the Indiana Legisiature, announcing that they ip caucus had indorsed his action; also @ despatch trom Indianapolis, sayin; Wing sentiment among our leading men is hold he pre the fort. Mr. Conkiinc—What fortis thatt Mr. Moxrox—The tort of the constitution; & fort you do not occupy. He then read another despatch from ‘Tippecanoe, Ind., mdorsing bis action, Mr. Conkiixo—Are tuese anonymous, inciuding Tip- pecanoe und Tyler too? (Laugnter.) Mr. Mortox—My friend bas bad bis eight hours to make bis speech. I bope he will ict me bave a low minutes now. (Renewed laughter.) REPUBLICAN SENTIMENT, Continuing bis remarks, Mr. Morton said that he had more than 200 letters trom Indiana, Ohio and other States, giving the seutiment of the people and sustaining bis course. He had letters trom leading republicans apd at Jeast three democrats sustaining him, Whiie the Senator from New York was looking | after Indiana and attempting to show that ho (Mr, Morton) did not represent the peopie of that State, be migut as well look atter New York. He (Sr. Morton) had at least thirty letters from New York city, Buffalo and elsewhere in New York State, indorsiny his course and saying be represented the republican party. The republican press of New York cily devouncea this compromise The New York Times, he jeading republican paper, took strong round against it, The New York Tribune, the leading dependent paper, took strong ground aguinst it, and througnout the country the republican papers were almost unanimously opposed to it. Mr. McDonaxp, (dem.) of Ind., said he was at Indian- apolis on Monduy last and passed a dav there. He saw quite a number of the leading citizens of both poultie cul parties, He heard Dut one opinion as to the pro- yriety Of passing this bill, and that was in favoriol it lo Wag in the State Senute. Reference was made in conversation to the uction of tbe republican cuucus, and a republican Senator said they hud passed resolu. tions against the bill, but they did not pass by a unani- mous vote, He saw ex-Governor Baker, who sup- ported the bill, and the peoplo were united in favor of ‘ul so1ution of the diliculty. Mr. CoNKLING said bothing was further from his mind than to intimate that the Senator trom Indiana did not represent bis constituents, When the despatch which be read this morning came to the committee he thought he had the right to read it, even though it d come from a State which the Senator from Indiana repreeented. it the Senator (Mr, Morton) thought he intended to accuse him of misrepresenting his State be bad only to say, “To the jea.ous trifies ight as air are contirmation strong as proots of Holy Writ.’” Mr. MortON—If thas was tue only despatch which the commitiee ever bad approving of their course, then I can exeuse their desire to get it betore the public. As to bis colleague (Mr. McDonald), be never regarded him as a correct exponent of the republican sentiment ot Indiana, (Laugnter.) Mr. McDonap said he would like to know what the | standing ef Baker, Fisher and Hoyle, of Indianapolis, was. Mr. Mornton—They are gentlemen of standing, and my warm friends. Continuing bis remarks, Mr, Morton said it was to the ipterests of the man whom be believed to have been elected President of the United States; it was to the interest of truth und to the best intercst ol the nation that the vote for President should now be counted us it was during tho first three-quarters ot a century of the Republic. [t was not right to make new piun, For years be had been attempting tc bring this matter befure Congr but no interest was taken in it, aud it was now insisted that anew plan should be made, AMENDMENT FROM MR, DAWES. Mr. Dawes, of Massachusetts, said the people of Massachusetts would be surprised to read in tne de- bate of to-day that the commission created by this bill had vo limit to its jurisdiction. The people of Massa- chusests believed it should be governed by well de- finedanad murked law. After the debate of to-day Massachusetts would hold him responsibie if he did not make some effort to have the jurisdiction of this tribunal detined. He moved to amend the section in Tegard to petitions, depositions, &c, to be examined by the commission by inserting the following:— Provided that no petition, exception or other paper shall be couridered vy suid commissioners which has tor its object to dispute or draw into question the number of votes given for an elector in any of the States or the tact whether ny elector was chonen by # majority of the votes of his tate. Pending discussion, at fitteen minutes to six o'clock P, M. Mr. Epmunps moved that the Senate tuke a re- cess until hali-past seven o’cluck P. M. Mr. Baucock, (rep.) of Neb., moved to adjourn. Re- Jected—-Yeas 8, nuys 54 Messrs. Bruce, Cameron (Pa), ton, Conover, Dorsey, Paddock, Patterson aod Spencer being the only oues voung in ‘the attirma- tive, The motion of Mr. Edmunds was then agreed to, the Senate took a recess until Lail-past seven P, M. SPERCH OF MK. BAYARD. Upon reassembling Mr. Bayan, of Delaware, said he might perhaps be content as a friend to this meas- ure io allow it to go belore the Senate and country un- accompanied by any remarks of his bud it not been the pleasure uf the Senate to assign him, as one of the minority in this Chamber, to @ place upon the select cominitiee to frame a bill to meet the exigencies of the hour. Each party claimed success for its candidate and insisted that he should be de- | clured President by the two houses of Cougress. Tho canvass was bitier, but the time for judgment nad almost come. lt could not be disguised that it had been sought to raise an issue between the settlement of (his great question by sheer force and arbitrary power and by the peaceiul way of law and reason. ‘This was a government of law and not of force, and it must not pars away. By tho measure now beiore the Senate it was proposed to have a peaceiui settie- ment o! this difficulty. This bili was meant to lift the great question of determining who has been elected President and Vice President of the United States out of broils und tnmults, ana leave it in the higher atmos- phere of judicial decision, He argucd that Cungress had the power to regulate by law the count of the electoral vote. nd A RECENT DISCOVERY. This new fangled idea that the President of the jSenate had the right to count the electoral vote had only lately been discovered. | quoted at lengti from the proceedings of the Cynstitu- | tional Convention to show the intention of theiramers | of our constitutiwn, and denied the Presideut of the | the framers of the constitution so intended, how easy 1t would have been for them tu have said so! Such a doctrine was coutrary to the whole usage of the government, Tho President of the Senate did not summon the two houses of Congress to witness bis act of counting the vote, but they summoned tim to open the certticates in their presence. He then reterred to the features of the pending bill and said ho was sorry to hear the Senator from Ubio (Mr. Sherman) speak as he did 1m regard to selecting the fifth judge by chance. Such a remark was unjust to the Senator who made it, uujust to the tribunal upon which it reflected, Mr, SHERMAN said if thé Se | tell him that the filth judge w fF (Mr. Bayard) would not to be selected by rant the Senator (Mr, Shertwan) i | judge was to ve selected by chunct saying the fith ; thal be was to be | four judges designated. Mr. Bayard then reierred to | the twenty-second joint rule aud said tuas uoder it by | will of caprice any State could be distranchised of 1s electoral vote, ‘The bili now before the Sen- ate was not the product of any ove man’s mind, but was the result of carefui study and trequept amendment. His individual opinions might Jead nin to object to the employment of the judicial branch at All, to engratting to any extent judicial powers on the political branch of the government, or confiding to it rty because We have | any question quasi-political, but bis seuge of the gene | He showed tuat Judge Nelson, of the supreme Court, Was Dominated and confirmed as one of the High Joimt Commission; that Chiet Justice Jay was sentas M.n- | ister to Engihud to negotiate the treaty which boars bis uame; that Chict Justice Elisworth was sent as Minis- ter to Spain, and that by law the Chiet Justice of the United States is resident of the Board of Regents of the Smithsonian Institue, It prope! sale and con-titutional to create the duty and to allow the power to assume it; and they were dealing with men whose service Was so bigh tat there could be no doubt for a moment that they would decline it, This bill Was not, a8 the Senator trom Indiana (Mr. Morton) had argued, a compromise. It oniy pro: vided for an honest adjudication of the rights of all. It was no comprouise in any sense, but was a blend. 8? The very charter of the gover ment under which we live was created in the spirit compromise and mutual concession. Witnout this spirie the constitution would not bey made and without its continuance could not be mainiained, SPRROK OF MR, CHRISTIANCY, Mr. Curistiaxcy, of Michigan, said that all the American peoplo ever demanded was a (air, legal, and therefore a satisfactory detormination of the result in tablished by the constitution and the close of our first we were met by a difficulty of & most serious character, Grave apprehensions of trouble existed in the vublic mind. Capitalists dare the constitution. It would be beneficial to the people Mr. Bayard then | Senate had the power to count che electoral vote. If | chance, he would take his word and withdraw any re- turks be (Mr, Sherman) had made iu regard thereto. Mr. BAYARD said the language of the bill did not war. | ing of opinions in favor of ‘truth and right in the abstract and im the concrete, But sup. | it was @ compromise, What was the ® comprom that was disgraceiui oithor centen- | of including that great State whose interest | and who go nearly approached to unanimity aod he a onor wi so dear to bim The bil | congratulated the American peopie on the fact that might be derided now, but time, at whose great altar | whatever party feeling may exist they are earnest all passions and aj) prejudices must bow, would at | zealous, patriotic and true-hearted citizel He was not abie to discover any objections to the bill en con- atitutional grounds. It bad been said that the judges | proposed to be appointed by the bill would be officers of the United States, and would, therefore, huve vo be appointed by the Presilent and con- | firmed by the Senate, This vill volved upon persoi in office 1 and did pot create apy new offices. 1t had been argued Ubat the judges would be governed by political feelings without regard to the real merits of the question. ; While this might be tri om Politicians he protested that such juspicion should not be entertained against lawyers and jurists of high attain- ments, The bill was equatly and obviously fair to both parties. The party which shall reject 18, without offor- ing something which would accomplish the end in view, deserved to go down. SPERCH OF MR. THURMAN, Mr. THURMAN, of Ohio, said be might be disposed to give much historica} illustration anc much reference | to authorities for the reasons which brought his mind to the conclusion to support vbr earnestly and to show (hat not gle point of opposition made Dil could be sustained by reason and r H authority, but he wus admonished by the lateness of | the hour and the fatigue of the Senate, he might say | the hoalth of the Senate and his own, to forego what | he wished to say, and. therefore, tis remarks would be comparatively brief He had ‘been = anucipated in what no would say by those who had _ preceded | him in favor of the bili, and who bad said uw more | ably than he could; therefore is was not a matter of | regret that he was confined to so brief # time. He ex- Pressed his gratification at the remarks of the Senator trom Michigan (Mr. Christianoy), which wi so clear and lawyerlike, taking a judicial view of the subject. He maintained the constitutionality of the measure, and urged that the question was of such importance that the perpetuity of tne nation depended upon ite solution, [here never was greater reason | than now to constitute such a tribunal as the bill pro- posed, beneath which in importance all others sunk into insignificance, Asa member of the Joint Comantiee, be would say, democrat as be was, that he would be willing to submit the decision-o! the question to the committee itsell, for he felt in tho armoaphere which | surrounded the special committee that when the day of trial came men could rise above party and perform thir duty. In reply to his colleague (Mr. Sherman) he said he | defied any man to show him a single instance during | eighty years in which the President of the Senate | i decided a disputed question {n respect to any electoral vote, In regard to the amend- ment of Mr. Dawes, he suid it was a dageer thrust at the heart of the bill, In explaining the bill he remarked that it provided a tribunal for the set- tlement of tho questions before the two houses of Congress just the samo as persons would go to a court, and It put an end to the pretension that the President of the Senate is the solo} judge of what States are in the Union and who are the electors, The bill was as fair and equitable as could be devised. If any man | } could propose a fairer tribunal consistent with the constitution be asked him (o propose it, The counting | of the electoral vote was a mighty trust, It required | intelligence, vigilance and patriotism, It was not given to one house only, nor to one man, but to beth houses, | HOUSE OF REPRESENTATIVES, Wasutnctox, Jan. 24, 1877. Mr. Stoxg, (dem.) of Mo., preseuted a memortal of the Board of Trade of St. Louis, approving the bill of the joint committee, The House then proceeded to the consideration of the resolutions reported by the Committee on Privi- leger, and was addressed by Mr. McDit, of Lowa, in favor of the resolutions submitted by the minority of the committee, SPEKCH OF MR, M’DILL, He said that if the proposition of the majority were true that no vote could be counted without the cun- | sent of the House, 1t would give the House a practical | veto power over every election by the people, He thought the President of the Senate had mone the power to count votes, but whoever counted them, whether It was the President of the Senate alone or | together with the House and Senate, or whether it was the Senate and House without any participation on the part of the President of the Senate, the duty devolved was purely ministerial, The decree was the decree of a sovereign and independent people, a decree which could not be reversed. Any attempt to reverse the will of the people was unconstitutional; it was usurpation; it was a pressing down of the rights ot the people, and if proceeded in and carried out it was revolution, He was glad to know, however, that a concurrent committee of both houses had agreed upon a plan which he hoped to see adopted and to become tne law that wonld govern the counting of the electoral vote. As he now understood it, and if tt should not be amended so as to make it objectionable, It shouid cer- tainly have his support, because It was in bis line of duty and precedent. SPERCH OF MR. BRIGHT. Mr. Bricnt, (dem.) of Tenp., was the next speaker. He spoke of the impossibility of exaggerating the im- | portance of the question. The eyes of the nation we concentrated on Congress, and its action on the que: tion would be monumental for either good or evil He maiutained that the constitution gave to Congress the control of the whole subject and that ho returning board could oust Congress of its jurisdiction. The de- eision of the Louisiana Returning Board was not final, could not ve final, and there was no power known to the law which could make it final. The Re- turning Board of Louisiana was confined to the face of the returns, If that were so and if tue votes which it had cast out were restored the election of Tilden and Hendricks would be assured, and whenever that fact was proclaimed the explosive thunders of a na- tion’s joy would reverberate to the biue arch above and resound from sea to sea, THE JOINT COMMITTEES’ LABORS. SKETCH OF THE VARIOUS STEPS THROUGH WHICH AN AGREEMENT WAS REACHED— NARROW ESCAPE FROM COMPLETE FAILURE— THE FORTUNATE SUBSTITUTION OF CONKLING FOR LOGAN—MORTON THE GREAT OBJECTOR. The history of the deliberations of the joint Con- gressional committee, which has framed the most im- | portant bill, perhaps, which will have been adopted since the foundation of the government, is now for the | first ume sketched. ‘The two committees of seven members each, appointed | by the Senate and the House respectively, were in- structed to hold separate councils, with power to “act” with each other. The Senate committee consisted of | Senators Edmunds, Morton, Frelinghuysen, Conkling, Thurman, Bayard and Ransom The House committee consisted of Representatives Payne, Hunton, Hewitt, Springer, McCrary, Hoar and Willard. fhe committee met separately for some time until | each had prepared a bill intended to meet the emer- gency. The first meeting of the House Committee was | held on December 22, when a sub-committee of two | members (Springer and Willard) was appointed to prepare a compilation of precedents on the subject of counting electoral votes. This sub-committee, thus doprived ot the enjcyment of the approaching | holidays, began work at once, and, with the assistance | of half a dozen clerks, collated during the holiday | week a rocord of everything ever said or done in Con- gress on the subject; alsoa record of the proceedings | of the Federal Convention concerning the establish- | ment of the electoral college system, The compila+ | tion, which makes a printed book of 800 octavo pages of brevier type, was, together with a full index, com- pleted und admirably printed and bound in the Gov- ernment Printing Office and made ready for the use of | members of the joint committee within two weeks from the time the committee ordered its publication. What- | ever can be said in other respects of the management of the Government Printing Ofiice, this feat is worthy the emulation of Appleton & Co. and the Harpers. The book was of immediate service to the two com- | mittees, containing aw it did matter not to be found in the regular annuals of Congress nor in the Congres | sional Globe. One of the most interesting things im it | 19a rescript of the half-forgotten but important bill | considered by Congress in Philadelphia in | 1800, preceded by an account of the various shape in which the bill was amended | and voted upon. Tho discovery of the bill 1s due to Senator Bayard, whose great grandfather was 8 member of Congress at that period. The Se: tor’s search resulted in bringing to light an old num- | per of the Aurora newspaper, in which the bill and tho proceedings in regard to itappear. The bill was sug- gested by the very close Presidential contest between Jobn Adams and Thomas Jefferson, in 1707—before the adoption of article 12 of the constitution, That contest had warned the two houses of Congress of the | dangers which might at some future time accompany a serious strife for the idential succession; and on February 14, 1800, the bill was reported in its primi- tive form by a special committee to the Sovate, It gave rise to an animated discussion in both houses, In the House of Representatives it was reforred to a special committee, of which Joho Marshall, afterward Chiet Justice, was chairman, who submitted an clabor- ate report with many ameodments to the Senate bill. | It fated to pass either the House or the Senate, owing to diflerence between them as to whothor it required | both houses to admit or to reject an electoral vote, Exactiy in reverse of the present attitude of the two chambers, the House at that time took the ground that it required both chambers to reject a vote; and the Senate hold the opposite opinion. A JOINT CONPRRENCE, | | | bill. Neither bill was binding on any of the members of the respective committees, though a majority of either committee would bave abiaea by its own ineas- ure :f1t bad been practicable to make it the basis of a mutua! settlement, Both bills, however, were veces: sarily experimental. The Hogse bili provided for a tribunal, to consist of the live senior justices of the Supreme Court, namely—Clifferd, Swayne, Miller, Davis and Field, te whom all objections which might be made the joint meeting of the (wo houses of Congress ferred, While it was believed by the House commit at neither petty. in the House or the Senate could afford to reject the decision of there five judges, yet ‘the decision was not t binding jess concurred 1D g the votes of voth bouses This feature of the ‘ouse bill was opposed by the entire Senate commit- tee; it wae therefore deemed absolutely necessary to build on the 3 bill, which contained the main features of the ire which bas been reported by the joint committee, with this important exception— provided for four senior justices of th Court, and five Senators and five Representatives— ene of the Senatora or one of the Representatives to be withdrawn by lot. This plan would have made the committee consist of thirteen members. Mr. Willard, of Michigan, objected to the applica- tion of the ‘lot’ feature to the Senators or Represen- vatives, for (he reason (hat 11 would give one or tne Other body a preponderance of votes. He suggested After Gumerous propos:tions and counter propositions respecting the details of a new bill and a very earnest discussion of the constitutional questions involved, the commitiees, hav apparently reached a conclu- | sion, adjourned until she next Saturday evening, THR LOT PRATURE. The lot feature,'’ however, hud not been formally | agreed to by the House democrats, and at the Saturday eVening conference ap objection to that feature was in- terposed. The Senators urged a final vote tbut even- ing, on the ground that it was of the utmost :mpor- tance that the bili should be reported ty the two houses at the earliest time. This caused an extremely lively colloquy on the question of appiyiug chance or lot in any way to the organization of the commission, | The Senate committee (excepting Governor Morton, sho sat nursing 018 canes anc witplolding his adhe. on to anything), Was of the opinion that the tribunal | As proposed was the fairest that could be devised, Mr, Springer, of the House committee, reprévented his democratic colleagues in a bri speech opposing the lot proposition in foto, tor the reason that if ib shouid appear 1n the end that the political complexion | 01 the judges to be chosen had been determined by lot, | “that would be justly regarded ag settling a great Presidential contest by the mere throwing of dice.” | He did not see his way to join im recommending any measure whatever that contained this feature. Senator Coukling argued carnestly in favor of adopt. ing the bili as It stood, and stated that while the lot fouture was objectionuble for many reasons, it was the dost that could be devised under the circumstances and that it had been apphed to allthe juries in the country. {nits existing shape he thought the bill Contaived as little of the element of chunce as possible, Senator Bayard took the samo view. At the close of the discussion Messrs. Payne, Hewitt, Hunton and Springer, ot the House committee, de- ¢hined to vote and asked for turther time, which wag | granted; when the committee adjourned until eleven A. M. the following Monday. ho interval was an anxious one. Mr, Hewitt went to New York and stayed over Sunday for a purpose thatcan be surmised. Mr, Payne, the chairman of the House committee, spenta large part of the Sab- bath in # conscientious struggle between his books and bis own mind, Noue of the senators and none of the members of the House committee wet for conference until they assembled at hulf-past ten, Monday, in their respective rooms at the enda of the Capitol, At the meeting of the House committee it was at once evi- dent that the democrats, without exception, were un- alterubly opposed to the lot feature, and the prospect for an agreement seemed gioomy indeed, PROPOSITIONS SUBMITTED. The two commitices went into joit session promptly ateleven, Mr. Payne stated the decision of the tma- jority of the Houxe committee to be adverse to the Senate biil in its present form, on ac- count chietly of the lot feature, but also on account of some minor provisions. ‘I'wo of these provisions rel ted to the evidence which tnight go before the proposed commission and to its powers in the examination of the questions to be submitted to it, These, Mr. Payne criticized delinitely and courteously. The amend- ments which the House committee desired to hhave made to the Senate bill were next submitted in writing. The crucial amendment required that the judicial part of the commission should consis: of the five senior justices of the Supreme Court, together with five Senators and five Representatives, fifteen in all, After submitting their propositions and an inter- change of views, the members of the House commit- tee retired to allow the Senators to consider them. About three P. M. the Senatore informed their col- | Jeagues of the House that they were ready to receiv them, and upon the reassembling of the two commitices Senator Edmunds anuounced that the Senate commit. tee was unable to agree to the House propositions in reference to the composition of the commission, or to the evidence to go botore it, cr to the powers ul it, He stated that tis committee bad concurred with some minor propositions (which are bot necessary here to be defined). The senate committee proceeded to make a counter proposition in regurd to the judicial part of the com. mission, suggesting that it should consist of the tour senior justic Cliflord, Swayne, Miller and Dav: these four to select a tith, A long dialogue, which abounded in wit and delightful bons mots, ensued con- cerning the bias, that these justices might be supposed to have, The Stutes where they reside, their family histories, their personal lives and predilections, and especially their political opinions, were subjected to an inquiry which formed one of the most amusing episodes in the history of the joint committee’s de- | liberations, ‘The courtesy with which this and all the discussions of the committee were conducted was manifested never more funnily than by the use of the betore mentioned words, “at any,” which Were almost invariably appended to a derogatory personal allusion. These words appear numerously. iz’ tho bill and the re- port, and they were employed so [requently atthe mect- ing ‘now described that Senator Conkling made a sortic against them, which provoked peals of laughter, In the midst of the merriment a member of the House committee intimated to the Senators that the words uught properly be applica to the tullend of the bill {isell, concluding the sentence, “The committee shall have power to employ such persons as may be neces- sary for the transaction of its vusi and the ex: tion of {ts powers” with the word: uny.”? In response to the Senate proposition, which was acceded to by the republicans oi the House committee, the House democrats asked for time until the lollow- | ing morning. Consent was reluctantly given, as the whole committee were desirous 10 reach a conclusion. Again at tev o'clock Tuesday morning the two com- mittecs assembled separately, and at eleven mev in joint convention, At the separate meeting of the ‘House committee It wus voted to reiect the last propo- sition of the Senators :n reterence to the judges and to As the republicans of the commitice still adhered to the ground taken by the Senators tbe proposition was ot course that of the democratic majority. It was as follow: ‘ To appoint the two senior justices—Clifford and Swayne—they to choose two other justices, each to name one, and the jour to name a fith, At the meeting of the joint committee this plan was submitted and the Seuate asked time to consider it. The House cominittee thereupon retirea, ENDEAVORS TO AGREE, Now ensued the most the Senate committce, Senator Conkling was espect- ally conciliatory toward the democrats of tue com- mittee, und urged that it coutinue the day, and the evening if necessary, until un agree- ment should be had. ‘Ihe differences seemed so sight that 1t would, in bis cpimion, be very unfortunate if the cominitiee should be unable to reconcile them. Sul, netther tis appeal nor the efforts of other Senators immediately suificed, Alter mature con- sideration the House proposition was disagreed to, and the two committees met together again about four P. M., in the Senute Judiciary Commitee room— the usual rendezvous. There Senator Edmunds ex- piainea the honconcurrence, and tue mediately separated until six o'clock. Atthat hour Senator Edmunds announced to the House commitive that Senator Conkling had submit & proposition which the Senators hud agreed to tage the following four Justices, Ciftord, Strong, Muller and Field, and allow them to choose the fifth. Senator Conkling urged this plan as the fairest which could ve adopted, Senator Edmunds pointed out the geographical significance of 1, alluding to the tact that, 1m the first place, none of (he justices named live in the States where either of the dispated caudiuates voted for us President or Vice President reside; aud next, to the fact that their abodes are widely separataa, Chiford lives in Maine, Strong in Pennsylvania, Miller jo lowa and Field in Caivornia. Senator Bayard nestly appealed to the joint committee to adopt the ew proposition, insisting upon its complete and abso- Jute fairness. At the close of Senator Bayard’s remarks there was period of profound silence in the committee room, ‘or some Mmuments, indeed, no mewber of the commit: tee stirred, nor did any man even think of looking at his neighbor. There was a circie of more or le troubled yentlemen gazing thouubutully at the carpet. The clash of Mr. Morton's canes aroused them, That urned uneasily in his chair, Then, on the House side, Mr. Springer arose, saying that he could not answer defuitely at tue moment, It scemed that the proposition fair and that the Justices pained would renaer the tribunal as acceptabie as any one that could be devised. Mr. McCrary, while Le thought the suggestion of Senator Conkling Was “exceedingly felicitous,’ was in some déubt about I Mr, Hunton desired further tine. Mr. Hewitt preferred the House proposition, but w: Dot prepared to say shat this one Was not equally fai "AL last, ag the hour was late, it was decided to grant the House democrats tho of the night for reflec- tion. Wednesday morning the ciouds cleared away. The House committee, assembling curly in its room, adopted almost immediately @ resolution to the eflect that te Senate proposition in reterence to the judges should be accepied, aod the committee pro- ceeded forthwith to the Senate committee room to inform the latter committee of the fact, This having been done there were stil several details of the bill which bud not been reed upon, apd the two committees remained in ses- sion, together and apart, from eleven in the forenoon until seven at night, At that hour the bill, i now stands, had been approved im every particular, care- fully rend over, und every word and punctuation mark enfofully examined, committer a fr Senator, being oppres: | The fact which renders this bill af eanecial interest Senatar Kdmunda then submitted a ranvb drait of « atthe counting of the electoral vote should be re- | Supreme | that is would be better to apply that feature | to the judges by selecting six of them | and drawing by lot five of the six. This | proposition was regarded with general favor. make a counter proposition on behalf of the House. | portant meeting held by | its lavors during | report to accompany the bill, which draft having been read jhe Joint Committee, Senators Edmunds and Thus requested to perfect the report during | the night and submit it in the morning. THE VINAL SESSION. | -On Thursday morning, then, the joint committee held its last session, Senator Kdmunus produced the report, which was read over as carefully us the bill had been read, amended, and finully agreed to. The vote was taken at noon, Jt was deemed advisable that all the members should sign 1t; and bere was enaeted ascene whieh some great satirical painter shoud some time perpetuate. The mnel of the committee ts sufficiently strikiog— stalwar , adorned adrawing room inthe days of the ancien réegime—ihese were sume of ihe most salient figures, But there was one figure in the room, isolated, re- served, over which the painter would fairly revel—the figure of Uliver P. Morton. | SENATOR MORTON. | Seated, when all the rest had risen, he gripped his canes in one band and lifted t he ad refrained trom taking any part in the deliveratiot ave tbat of um occasional critic, His remarks were generally of the nature of objections. He had avoided the making of motions for the amendinent or improvement of the several plans. Now was the last opportunity to make an impression upon his rugged will, Neuriy all the Senators and members approached him, and courteously expressed the hope that be would joiu his signature with theirs, He remained immovable, poring, only:—"l am not at this moment able to state what course I shall take. It is possible [ may vote for thia bill, But I reserve my Judgment until after maturer reticction.” The sigua.ures of all other members of the Joint committee were affixed to the bill and report, and the next few minutes were spent in mutual congrutula- tons. Probably uo bill ever submitted to Congress was preceded by more painstaking tnvestigation, or sub- jected to more painstaking revision than the bill of which the nistory has thus been indicated. A remark- able fact in conuection with the preparation of it 1s, tbat, although ali the amendments proffered trom day to day were promptiy set up in type and printed at the government printing office, so that each member of the jot coininittee had aiways a printed copy of the previous day’s proceedings betore him, not a line escaped into the columns of the public pi Iv as the testitnony of newspaper correspoudents in Washing top that this is the Brat bill which for the last fifteen years has been su secreted during its preparation trom their curiosity. Finally a democratic member of the House commit- tee makes to-night tnis dbservation:—‘*As an evidence of the occasionul special interposition of Providence, Senaior Logan, Who was originally put on the Senate culmmittee, Was compelled to attend on the Illinois Leg- islatare to secure his re-election if possib! This ne- cesuitated, or made way for the appointment of Roscoe Conkiing, without whose earnest and patriotic efforts it is possible the joimt committee would have dispersed without action.” There is trath in thi no doubt, for the turning point in the contest was the dropping of the plan to “draw by lot.'’ Had not Senator Coukling voted as be did, with Tourman and Bayard, to sacrifice that tea- ture, there would nothave been an agreement with the House democrats. Mr. Payne migut have given ju his adhesion to the lot plan—Hewitt, Springer and Hunton, never. THE DEBATE IN THE STATE SENATE. MR, STARBUCK’S RESOLUTIONS CONDEMNATORY OF THE USE OF UNITED STATES TROOPS IN STATE ELECTIONS, AND DETERMINED OP- POSITION TO THE COMPROMISE PLAN FOR COUNTING THE ELECTORAL VOTE. ‘ Auuany, Jan, 24, 1877. Mr. Woovin called up bis concurrent resolutions relative to nutional affairs, Mr. Sraxsvex offered an amendment, providing that the President of the United States Sonate is not vested with the power to determine the validity of and count any vote which is objected'to by either house of Con- gress. The proposed amendment was lost—Yeas 11, nays 15. Mr, Bixby being excused from voting, having paired off with Mr. Tobey, ADDITIONAL RESOLUTIONS, Mr. Harris offered the following as an additional resolution to those offered by Mr. Woodin:— =~ Resolved, That the Legislature of New York, dismissing all partisan feeling und sveking only the establishment of the Just result and tie promotion of the common good, Is gratified that the joint committee ot the two houses of Con- Rres. have been aule to agree upon a plan for ascertainin, and counting the electoral vote, which, if ado Wiil acquiesce, and In the event of lis adoption we look to the trivunal thus created to determine the questions com- ing before it in exaet accordance with constitutional priv- ciples, d, al 4 WORD FOR THR ELECTORS. Mr. Harris said the Woodin resolution proposed simply to answer the Governor’s Message, and they had his cordial approval, but he (Harris) desired to go further and approve the bill now before Congress, It 1s the duty of the states to appoint electors and there {8 uo power vested in any person or body to change tne decision of such electors, Congress does not pos- sess apy power to interlere with electors from any State, MR. WOODIN AND HIS RESOLUTIONS, Mr. Woovtx hoped Mr. Harris would not press a vote on his ameudment now, but rather offer it later, He Mr. Woodin) desired a vote direct on his resolutions, le desired that any addiuonal matter might como up later. Mr. GsRARD supported the proposéd amendment offered by Mr. Harris, Mr, CoLk feared the offering of Mr, Harris’ resolu- tiou would embarrass the v on them, and he would, therefore, vote against them, SON suid be felt he could support the Woodin eeling that they Were patriotic and be- coming on the part uf the Senate of the great State of New York. MR. HARRIS WITHDRAWS, Mr. Harris withdrew bis proposed amendment for the present, He did not desire to embarrass the Woodin resolutions. Mr. Jacous moved to postpone a vote on these reso- lutions for one week, Lost—Yeas 9, nays 17 Mr. Kennedy was excused irom voting, having paired off with Mr, Sprague, of Erie, who is absent this moru- ing. STARBUCK’S AMENDMENTS. Mr. Starsvuck offerea the following amendments to the resolutions :— Resolved, ‘Lhat the employment of federal troops to set up or pull down governments of sister States or to determine who are entitled to occupy seats in their Legislatures Is in derogation of the rights of sovereivn States, is # violation of the constituticn of the United States. is ontirely at war with the genius of oar i ions and if ncquiesced in by the people must inevit bly result in « military despotism. Resolved, That the ret bourd for cunvassing votes | was the device of Ko’ it which was conceived in | Traud, which wns imposed upon the people of # sister State | and.ts still. sastained by federal troo which hay been 1 | aned by both houses of Congress as u mere ‘That no State Legisiature has authority, nor can the treops of the federal government confer upon o Stave Legislature any authority, tu invest « returning poard or any other board of canvassers, by whatever name it may be called, with indefinite or arbitrary powers, or wih any authority which by the principles and practice’ o ‘and the policy of our elective system, dent ty the function of ascertaining the vote yi | of the people. y Whereas the manner of counting the electorat votes of tor the oftices of President and V: hv | 179%, the houses of Congress have anitorm! Joint committe to ascertain and F jo of examin ing the votes tor President and vie President; tellers have veen tuvariubly designated by the two houses tonct as their agents in counting the tlectora appointed sidential election, and eus the hor xress lave uniformly und exelusively exercised the right to | object to. the of electoral votes and im | the exercise of such right have at different times | nted four votes only on condition that they would not at- feet the th +, andexcluded thirieen others aitogetner; | aud wherens n has ever been counted wish: | ous # coneurri th houses of Congress: and | Whereur no President of the senate of the United sintes At any of the twenty-one Presidential elections which havo been held under the federal constitution has ever objected tonuy teller hamed by either house of Congress, has ever offered assumption as to the mode of conducting the count ot the electoral vete, unless un instructions from the two houses, has ever | obey the instructions ' ot both honse sumed to question their supreme ana e. w determine whas voi ould be counted and what not be counted, has ever hesitated tnithtully to their dectsions; and whereas this interpretation of the con- stitutional prerogative of the two hunses of Congress was Geliberntely approved and solemnly reasserted by Congress ro 1 President Lincoln im 1865 In whi .” whieh pro- question shail be de. | cided ‘atti to shail with the procedure prescribed in (three. Presidential counting: and whereas the po to deter y aud validity of ‘al vo! by the constitution ix necessurily wn exclusive one and cannot be wiverted trom its constitutional channel by legislation or otherwise; therefore, Hesoived, That the constitution of the United States hi conterred fu power upon the President of the Senate of the United states to determine the | wherever uthenticity or validity of uch muthority fro th ower hay navet b any other tribunal, and that any leparture a rile of tnterpretation sanctioned by unitorm | usage at twenty-one siecessive elections, and by the Approval of twenty-one successive federal Congress: eunnot be departed vom in the present situation of ye parties to Le such t merited suspicion, without ac- e Senate und every Congress in counting Provident of glecting powers which did, belong to them. resvlutions at great or usurping pow Mr. Starucck supported h length, denouncing the growing practice durim@ Inte | years of military tuierierence 1 Hons, and re- Viewing the condition of affairs in the South during the past dozen years, Mr. LaMont moved to adjourn at thirty-five minutes past ove v’clock P.M. Lost—yeas 10, nays 14, fr, STARBUCK continued his speech, reading at length from official records and documents in support sviews, He referred to the telegrains of Zach Cbandler to Florida, more especially to the December 8, saying, “Hold Florida by money and troops will bo Meld Ae Mr Wooo (interrupting)—The despatch referred to is denied, No such telegram had been sent by Me. Chandier. Mr, Sranacck said he would de Chandler's friends u tice to say that they deny that Chandler had but that such sent such a telegram ; gentleman had not de- nied the sending of so telegram. Adjourned, PUBLIC SENTIMENT. CONNECTICUT LEGISLATORS MAKING PARTY CAPITAL OUT OF fT. . Hantroxp, Jan. 24, 1877, The Stato Legislature amused itself further to-day it tinkering the resolution indorsing the plan proposed in Congress for counting the electora! vote. In the Senate it was taken from the table and was amended by striking out the part instructing Connecticut's Sen- fluence to the plan in Congress. Theo {t was passed ‘as amended, with but a single negative vote, that of Sen. ator Hayward, of,Colel the republicans made ing that it would be tow views of the statesmen at Washington before taking any action of any charactor. On the contrary the democrats mude as persistent a fight to secure Jinme- diate action and fee a yea and nay vote, by which the repuvlicans would be compelled to put thoms on record tor or against the measure. Finally, although failing to secure a direct vote on the bill, they secured the second part of their object in getting o yea and hay vote on a motion to refer the whole matter to the Committec oo Federal Relations. This reterence was moved oy, a republican member and was ordered by vote of 116 yeas to 111 nays, a dozen or more republi- cans voting with the democrats against this delay of final action. ACTION IN THE NEW JERSEY LUGISLATURE, ‘Trenton, Jan. 24, 1877, In the House to-day Mr. Eagan, democrat, of Eliza beth, offered the following resolution :— Resolved, That the Ho ¥ in “the the ‘Senate of inst, in behalf of the pending compromise me: ure before that body. hus proven nimgelt, an aule and oly; nent conservator e rights of the who ie. Ghat the pesition taken: it sustained by both houees of Con. gress, will tend to a harm: solution of the question that has for months distracted the country relating tothe succession to tho Presidency of the United states. Mr. Bergen, democrat, of Somvrset, moved to lay the resolution on the table, whiocn was carried by a Vote of 34 to 24. All the republicans, except Messrs. Cunningham, Tilden, Traphagen and Van Dnyne, voted to lay it on the table. Messrs, Bergen, Britton, Campbell, De Witt, Elwell, Martin, Powers and Waldron voted the same way. Twenty democrats and four republicans voted against the motion to lay on the table and in favor of immediate action on the resolution. ‘A resolution will be offered by the democrats next week approving of the Sonpronias bill, ‘The republicans in caucus have already passed a reso- lution condemning that measure. THE BILL INDORSED BY THE DELAWARE LEGIS: LATORE. | Dover, Jan. 24, 1877. The Dolaware Legislature have passed resolutions indorsing the bill reported by the joint committee of the national Congress upon the Presidential count, The resolutions recognized the bill as an expedient and asa tair course of equal law, and further request the representatives 7 the State in Congress to support it. KENTUCKY LAWYERS’ OPINIONS, Louisvinur, Jan, 24, 1877. Anexpression of opinion ou the arbitration plan now before Congress has been taken among the leading inembers of the legal fraternity of Loutsville, and ex- hibits the fact that every ono, with but one exception, favors it, The one exception is understood to be Gen- eral John M, Harlan, who, itis said, bases his objec- tion on the ground that the President of the Senate only has the right to count the vote, aud the power cannot be delugated to any one else. Among those who favor the bill and prouounce it constitutional are ex-Attorney General James Speed, ex-Secretary Bris- tow, Hon. Martin Bijur, Judge J. R. Goodloe, Hon. John Mason Brown, all leading lawyers and wellknown republicans, besides others in the republican legal ranks. Hon. Isaac Caldwell, Judge Builock, Judge Barnett, John Roberts, Judge Muir, well known dem- crats aud among tho prominent members of the Bar, advocate the bill. ACTION OF THE MINNESOTA LEGISLATURE. Sr. Pau, Minn, January 24, 1877. ‘A vote in the House favoring the Joint committee’s Plan for settling the Presidential count iacked but two votes of two-thirds. The resolut‘on went over, owing to ap erroneous ruling that it required two-thirds, 16 will come up again, THE NEBRASKA REPUBLICANS OPPOSE THE BILL- Lixcony, Jan. 24, 1877. The Republican members of the Nebraska I.egisla- ture beld a caucus to-night, and resolved that the Edmunds compromise ts contrary to the provisions of the constitution; that the Vice President is legally bound to canvass the vote and declare the result shown by the certified returns forwarded him; that the tribunal proposed by the Edmunds bill is un- known to the constitution, hence iilegal and irre- sponsible, and that “our representatives in Congress are requested to u 0 the end that the Vice President caanot vote as above indicated,” LOUISIANA REPUBLICANS OPPOSE THE BILL, New Oxeays, Jan, 24, 1877. ‘The republican Legislature was in session to-day, The House passed a resolution expressing full faith and confidence in the President of the Senate and re- questing the Senators and Representatives from Louisiana to oppose the passage of the Electoral bill. THE COLORADO SENATE OPPOSE IT. Denver, Jan, 24, 1877, In the State Senate to-day a resolution approving the Congressional compromise measure was indefi- nitely postponed by a vote of 18 to To Tae Epitor or tHe Herauy:-— We neg respectfully, but carnestly, to protest against the spirit of your report of our law proceedings in the matter of “The Danicheffs,’’ as weil as the editorial allusion to the same, Tobe funny is a good thing in its proper time and place, but to be funny at the ex- pense of principle is quite another thing, and in this instance it seems to us a verv badone, That there is a principle underlying our contest about The Dani- cheffs”” we do not believe you will, upon reflection, deny any more than we believe that you will seriously persist in saying that that contest is pushed on oct part for tho purpose of getting gratui- tous advertising for our play, We chink our course as managers curing the past five years, if it has demonstrated anything, has made it pretty clear that we have never purposely sought “gratuitous advertising” of any sort. if Mr. Dumas solemnly contracting with us ia Paris that a play for which we pay him a large amount of money and on - | which he is to receive inuch more, has (impossible as the supposition is) wilfully violated that contract and rendered our large expeuditure worthless, is it not worth while, both as a matter of principle and as a matter of business, for as to find it ont? If, on the other hand, those persons in Germany to whom M, Dumas hag delegated for that country the same powers over bis play as he has delegated to us for ours—the exclusive right of stage representation—have so far excceded thoge powers as to publish and opeuly sell the play in the bookstores of Berlin and Vienna, is it not worth while, both as a matter of principic aud as a matter of business, for us to tind out whether our courts will austaiu the representatives of those persons here in What appears to us on its face to be xo unlaw!ul pro. cuedingy These were practically the questions which were before the Court yesterday. It seems tous th neither of them are trivial or funy, and that they ought notto be so treated by a journal which hag always been foremost in its advocacy of fair and non- est dealing between author and manager aad which has done so much in behalf of dramatic art in this country. Surely the HeraLp would not, after all it hag said on this subject, now seriously assert it is as honorable for an American ager to appropriate the product of the brains of an author who happens te live in a foreign country and therefore no protec: tion under our statutory laws, without compensation to that author, as itis to pay justly und liberally tor the Wor! Yet the whole drift. and spiritor the law “report? of which we compliin is in favor of the manager who dyes the! play in question Without such compensation, and those who have paid and still purpose to pay for it, aud who are struggling to maintain their equity rights In a legitimate and peavoful way. As to the other point which appears #0 mirtl-provoking to your reporter—the pur. chase by us from Mr, Neuendorit’s business Tanager of printed copy of “lhe Danicheffs' for the sum of $100, we have only to say that if, as you allege, toat ‘copy was bought from Mr. Steiger for a small sum of money betore it we ld to us, then either that hignly respectable book dealer is gulity of falsitymg, tor he has repeatediy assured our messenger that he nover bad a copy of the book for sale, or the man Huebner 1s guilty of obtaining, money on the shabbiost of tise pretences, for be rep- resented to us that he imported the play himself and that the only two other copies in this country were in the possession ot Mr. Neucndort, In what light also does this latter gentleman stand, judged by the rules which govern howorable men, if your reporter's statement of the case is true? Surely the business of entrapping bis fellow managers into such a foolish purchase as it juged we made is hardly worthy of tho dignity of a person vccupying the position @ manager of the first German theatre in this country! Wo do not bolieve, Mr. Editor, that when you come te review this case you will fail to see that it is one emt. neutiy worthy of more serious and more impartial treatment than it received at the’ hands of your fe. porter this morning, and in that betel we subscribe ourselves yours, very respectiully, SHOOK & PALMER, Usion Squares Tuxatke, Jan, 23, 1877, ators and Representatives in Congress to lend their in-