The New York Herald Newspaper, January 26, 1877, Page 4

7 sably of the Supreme Court by a just and com- 4 amendment to tho constitution—placing it in has great body which, by itv ‘nity and impartiality, could properly exercise it, tu» that proposition aid not commend itself to the favor of the Senate ‘and was defeated bya large vote. So far as he was personaily concerned he was not wedded to auy par- fieular theory as to counting the votes, He desired sunply to adizere to the constitation, and, unlike ‘y geutlemen with whom he was now newly associated bere, be was free from any embarrassing record on this question, He was opposed to giving the power to count the votes to fourteen gentiemen, four of whom were to complete the number by selecting the fil- teenth, acd t by lot or chance, filling that “coy and vasb/n! blaok,’’as Mr. Benton would bave termed Mt, on which the aitention of the couutry 1s so generally xed, Ti was proposed to give these After or wore possibly the Giteenth aloue, more the electoral vole than Congress poss and he did not believe this could be done by 4 simple enactment, Nothing Jess than a constitutional amendment could ¢onter on filtecn men such (remendous power over the electoral votes of the States, UNOONSTITUTIONA Le He did not believe it to be warranted by the consti- tution which he hud sworn to support, and though he did not pretend, to be what was termed a consuitu- tional lawyer, every Senator on his oath mast vote on his own conscientious belief of what the constitution js and what it allows, He had desired earnestly to support this bill fhe could do it cousistently. The arguments adduced in its favor had persuaced nim of its unconstitutionality, and he felt himseif compelled, however reluctantly be differed from certain Senators, to record his vote against the measure. in conclusion Mr, Bhai begged the Judiciary Com. mittee, now the public mind was so strongly directed 10 this question, to frame an amendment to the con- stitution which would, if possible, avert in future all danger of a renewal of those troubles which were now causing anxiety in the public miud. REMARKS OF MR, EDMUNDS, Mr, Epwonps said the time had gone by now for de- bate. If be had time he would be glad to take up ob- jections which had been made touching the constitu. Vonality of the measure anA touching its fairness and expediency. It had been denounced us a sham, a mere trick, although 1 appeuled vo five Senators, live members of tho House and five Justices of the Su- preme Court, He begged bis honorable friena trom Unio (Sherman) to look ot the history of their own party; look at their own atutude and tell him, some day, not now, whether te thought the republican party could stand stuitification and dishonor itmight gain atemporary advantage. He knew the Senator would ‘answertim ‘No,’ Must the repubit- cun party staltify itself now for such a beggarly price? In 1865 @ republican majority in the two houses of Congress ‘paséed the twenty-second joint rule, which declared that no vote from a State should have any ‘effect. upon the election of President and Vice Président of the United States unless both houses of Congress, in their constitutional cupacity, said so; and yet, inthe face ot this action, the great party leaders’ from that valley of the Mississippi, as the Senator trom Ohio (Mr. Sherman) termed it, sounded the cry of treachery against those of the repubiican party who supported this bill, Republicans were ac- cused of treason to their party because they would not stultily themselves, Ho then reterred to Mr. Morton’s bill, which passed the Senate at the lust session, und said that it was niuch worse thap the penaing Dill There were three poor misguided republicans who voted against that Vill—Messrs. Conkling, Edmunds gud Howe. Now they were addressed in terms of reproach, He would Say nothing of the personal allusions which had been anade by Senators ; they belonged to those Senators aud there he would Jouve them. ‘The ditlerence between the measure of 1876 proposed by the Senator from Indiana (Mr. Morton) abd that of 1877, now betore the Sepate, was that the measure of 1876 dismissea all republican bopes, while the weasure belore the Senate saved them, i! under the joint und upright operations ‘ot the iaw they were entitled to be saved. Republican Senators were to decide here now whether they would go to sea without a compass, without a rudder, and trust to the inexorable lacts for a victory which they believed they had honestly Won, or Whother they would support this» measure to do caual justice to all, This land was the happy home of {reedom, and it was fit that this Senate should insure the Happiness of tuis people. He referred to the sad example of republics elsewhere, ard asked was iL not worth risking sowething in order that the great experiment ‘ol a republic of law amotg men should vot fail. . Mr. Dawes, of Massachusetts, withdrew the amend- ment submitted by him yesterday in regard to delin- ing the power of tue triounal to be created. Mr. Suenman said he*felt burt that the Senator from Vermont should have manifestea such teelings toward tue Senator from Indwna (Mr Morton) und hunself Since that Senator hud made an indirect siatcment agaist them, be (Mr. Sherman) demanded a Separate trial, His friend trom Indana (Mr. Moriou) was abundantly able ¢o take care of himself, He (Mr. Sherman) never thought of charging his triend (rom Vermont with treacbery, At the outset of bis re- marks the day be expressed his appreciation of the motives of the commitiee, He disclaimed having (any terms of reproach, He then reviewed his tions to the pending bill, and argued that it is customary or lawful to impose other duties on sol courts. r. Eomunps said the act of 1823 selected a judge in Florida to settle certain claims o! Mexico, Mr, SHERMAN—That was @ judicial act. Mr. KpMUNvs repied that it was not, and the Sa- preme Court bad so decided and had refused to review the acts of this Judge. Mr. SHKKMAN, resuming his remarks, said he hoped the bill now before the Senate would result in good, but be bad serious apprebensions that tbe result of the great popular election would be thwarted. Mr. MoxTon argued that more light had been thrown upon this subject of counting the voto within the lust thirty or sixty days than bag ever been belore, He bad been charged wiih inconsistencies, but other Sevators were inconsistent also, He then read from previous remarks of Messrs. Edmunds, Conkling, Tuurman and Bayard, to show that they did not heretofore support ibe priucipies involved in this bill He then submitted an amenument providing that nothing contained in the act should wuthorize the commission to go bebind the finding and determma- tion of the can varsing or Returoing Board of the Stato, authorized by the laws of the State to tind and deter- mine the result of an election tor electors. Mr. EpMUNDSs opposed the amendment and moved to amend it by striking out the negative words, so as to provide that the act should authorize the commission to go behind the finding, &c. He said be would vote against his amendment ‘aud then against the amend, meut of the Senator from Indiana. He had no id that there was any neceysity for the amendment, as the commission would act under existing jaws. Mr, Saucemt, (rep.) of Cal., argued that the bill was shuffling and evasive, and one side or the other was to be cheated. The amendment of Mr. Edmunds to that.of Mr. Morton was rejected—yeas 1, nays 61—Mr, Cooper, of Yennesseo, being the only Senator who voted in the affirmative, The question then being on the amend- nt of Mr. Morton, it was rejected—yeas 18, na: as follow: VOTE ON MORTON’S AMENDMENT, West Merrimon, Fretinghuysen, Goldthwaite, Gordon, Howe, side, mn MeMilinn, Davis, Maxey, Mr. SaRGext submitied an amendment providing that the commission shall sit with open doors except when upon consultation on questions pending be- fore it. Mr. Eomenps hoped the amendment would not be dopted. If the Seuate could not leave the commis- gion to frame its own rules they had better not have it. Mir. SARoRNT argued that the commission should with open doors that the public might know what w done, Reporters of the press should be admitted, that the proceedings of the commission might be given to the people, ‘There was some chance that this tribunal would be fespected if this amendment shouid be adopted, Should it be rejected the tribunal would not be respected. Mr. Epwunps said the bill authorized the commission to make its rules and regulations. the crowd be admitted, as the business jon would be interfered with by such Wrignt—47 it crowd, Mr. Davis, (dem.) of W. Va., said the Senator trom California was chairman of the Senate Committee which recently visited Florida to make an investiga- lion. Did he bave the doors open? JeNT replied that bis committes was only taking testimony, and the minority im the Senate was presented in the committee by the Senator trom ennessee (Mr, Cooper). ndment of Mr, Sargent was rejected—veas 14, nays 47. Mr, Sanoent said be had other amendments to pro- powe to improve the bill, but its friends seemed to rule | down every amendment, He therefore would not sub- mit them, but would content himsel! by calling for the yeas and’ nays on the tinal passage of the bill and would vote against PASSAGE OF THY WILL. ‘Tho bili was then read s third time and passea— yeas 47, nay ollows :— YRAS Jones of Florida, dem. Alcorn, reo. i m, Met goory, dein. Me Donald, dew. Boutweli. rep. Burnsiue, rep. Chatters, rep ietinncy, rep. Cockyeil, dem. firman, dem. «| year, FO. Watiace, dem. waite, dem, Woes, dem indo Withers Wright, rep. reo, Sargent, rep. Dorney. rep. Sherman, eo. Hamiin, rep, Went, rep. Inyaiis, rep. The Heuate then, at aquarter-past seven A. M., in order that | _| were e The Senate should | NEW YORK HERALD, FRIDAY, JANUARY 26, 1877.—1KiyLé SHEET. ' motion of Mi Sere Sestak until to-morrow t twelve o’cloc! HOUSE OF REPRESENTATIVES. Wasuinoton, Jan. 25, 1877. Mr. Wurtrxa, (rep.) of 111, presented a resolution of the Peoria Board of Trade in favor of the bill of the joint committee, THE BLBCTORAL MILL. Mr. Payne, (dem.) of Ohio, moved to go to business on the Speaker’s table, in order to reter the bill of the joint committee, which bad come from the Senate, to the Committee on Counting the Electoral Vote. Mr. Payne, in answer toa question stated that the committee had decided to report back the bill im- mediately ang to let the debate run all day to-day, with a night session; that the House would then adjourn tl] eleven o’clock to-morrow, and that he would call the previous question at two o’clock to morrow. Mr. Frye, (rep.) of Me., suggested that during the last four bours of the debate speeches should be limited to ten minutes, in order that wembers should have an opportunity to explain their votes. Mr. Payxa saia that he would modify his request so as to have to-morrow’s session commence at ten o'clock, the last tour hours of debate to be consumed in ten-minute speeches, and members to have the right to enlarge their speeches tor the Record, This was agreed to by unanimous consent, The bill was then referred to the Committee on Elec toral Votes, and was immediately reported back by Mr. Payne, chairman of the committee, The CLERK proceeded to read the bill in extenso, Alter the reading of the bill Mr. Payne stated that the bill as pussed by the Senate wus precisely the Dill reported from tie committee in the first pl He entered a motion to recommit tho bill, in order to prevent amendments being offered to the bill, SPKECH OF MR. M'CRARY, Dr. McUraxy, (rep.) of Jowa, a member of 1 comiitiee, opened the debate. Ho said that aster a thorough, an carnest and un upxious consideration of the great question be, in common with the other members of the committee, had ched the conclu- gion that the bili ought to pass, The country was in the presence of a very great and very dangerous emergency. ‘Tho present was the crisis in nationa: affairs which the fathers of the Repuslic bad foreseen in 1800, and which, at various periods in the nation’s history, great statesmen bad foreseen and bad dreaded, The country, on several occasions, bad reached a point whero the votes for President were to be counted, when disputes ba isted ag to the legality of some of those votes, In all those instances when disputes had arisen statesmen had commented on the danger which would threaten ihe very existence of the government if gn occasion should arise in which the disputed votes would be decisive of the result, This had been re- garded as one of the greutest dangers to which the €ountry could be subjected, The country was now confronted, not only with a great and widespread dif ference of opinion on the merits of the question, but it was confronted with what was a thousand fold more porilous—the fact that the American people, the Amer- ican statesmen, the American lawyers, and jurists were almost equally divided, not only as to the merits ot the questions, but as to the authorities to be cited, He submitted that that statesman was talse to bis duty; that that man did not come up to the exigen- cies Of the occasion who would stop short in the most eurnest endeavors to provide some fawiul mode for the decision of the question by a tribuoal whose au- thority uovody could question and in whose decision all men would acquiesce. DANGERS OF THE HOUR. ‘There could be no greater danger than that which grow out of a tact like this. On one side of the ques- tion there were some 20,000,000 of people who honestly believed that Governor Hayes bad veen elected and who honestly believe that, 1m the absence of any legis- lation on the subject, it was the duty of the Vice Presi- dent to count the votes. On the other side there were some 20,000,000 people who honestly believed that Governor Tilden had been elected, and that the Presi- dent of the Sevate had no authority to count the votes, and that no vote could be counted except with the cou- sent of both houses, 1i Congress failed to pass the bill and provide a tribunal to settie this diflerence of opin- yon the country would drift upon a rock, where the ship of state might be broken to pieces, it might be that if the bill were defeated and Con- gress failed to pass any measure on the subject one or the other of those parties should peacetully submit to auecision which they believed to be without law or authority. He would bope and earnestly pray i! such an emergency should arise one or the o.her of the parties would submit; but he confessed to very great doubts and very great fears that such would uot be the cuse. He would ask the gentlemen on the one side or ob the other who thought that their position was impregnable to consider whether it wus probable that the counting could avoid a dual Presidency and the possibility of civil commotion and civil war. He then proceed to quote authorities, pro and con, upon the question whether the President of the Senate had power to count the votes, Itbaa been said by a creat many peuple who agreed with him in_ polit ical opinion, that the authorities were conciusive that the Vice President had the right to count the votes, but in his opinion the authorities on the other side were equally potential und equally numerous. He thought, therefore, that 1t would be unwise and un- patriotic for the House to refuse to adopt a proposition which all men might agree to as fair and just, by which the question might be settled. Would it. be wise to decline such a proposition and drift on to tho 14th of Feb- ruury and the 4th of March with those conflicting opinions unsettied and take the chances of a dual Pres- idency with ali ts horrors? There werg some people who assumed that a single house of Congress had the right to exclude a vote. He submitted to the gentle- men who held that opinion that they could not stand on that doctrine and expect the country to acquicace in jt, or in the declaration of any result eoming there- from. He solmenly believed, however, that those who claimed the right of the Vice President to count tho yotes could pot stand on that doctrine without great danger that the people would bot acquiesce in it, THK CONSTITUTIONAL QUESTION. In answer to the objection that the bill was not con- stitutional he quoted trom bills reported to the House im 1800 by John Marshall and in 1824 by Mr. Webster, of Massachusetts, which contained almost the same provisions as the present bill, He though’ the bill was constitutional and would with his voice and vote aid its passage, SPECH OF MR, HTNTON, Mr. Howtox, (dem.) of Va, advocated the measure, He spoko of’ Presidential elections as dangerous per- jods 1n the history of the country, and as more likely than any other cause to wreck the ship of State. He declared tbat all preceding troubies of that character sank into absolute insignificance as compared wito | those that now stared Congress and the couutry in the face. From atleast four States of the Union iwo sets of electoral votes would be presented for count- ing. That was the grave question which bad to be met, not in a spirit of partisanship, but of states. munship. He bunself subscribed earnestly and heartily to the doctrine that the power to count the electoral votes belonged to the two houses of Congress and not to the President of the Senate, but the oppo- ite doctrine was held by one of the great parties of the country. As neither party was willing to yield its convictions on that point the time had arrived when Congress shoud rise above partisan feeling and adopt & mode of settlement that would tide over the difticulues and avert danger of war. Ho beld that just as the tellers, provided tor in the twenty-second joint rule, were but | the organ of the two houses, so the commission pro- vided for in the bill was but their organ to do for them what they themselves might do. He also held that as the two houses bad the right to count the votes, #0 they hada right by concurrent action to agree to any mode of counting that might seem best to them. He believed that unless some such plan as this bili were adopted no earthly power could prevent war, conlu- sion, the disruption of the government and an end of | republican imsuitutions in America, It was, there- | tore, a high and solemn dusy on the part of Congress | to bring about a peacelul solution of the difficulty aad | tide over this eventiul period of history, | SPERCH OF MR. GOODE, Mr. Gooner, (dem.) ot Va., said that the members of the concurrent oc mittee whieh had reported this bill ninently entitiedt to the thanks of Congress and | of the country for their patient patriotic lavors, and he bad no hesitancy im declaring | tbat he was prepared to accept his share of the respou- eibility and to accord to the pian proposed his earnest | and cordial support. He enumerated circumstances— including President Granvs assertion on the 8th | ot November that Mr. Hayes was elected; the | atiouing of troops in the South; the manipulation of votes by Secretary Chandier, &, &¢.), which, he suid, demonstrated the existence of a widespread and dangerous conspiracy to attempt the inauguration of | Hayes. He was convinced (and he was strengthened | ip ihat conviction by the debate in the Senate) that it was the earnest wish of a portion of the repubircan | leaders that there should be no agreement on any p | for counting the electoral votes. If this plan were re- jected hone would be agreed upon, and when the two | houses came together to count the electoral voie there | would be a disagreement. In that event the House of Kepreseniatives would have to elect the President, then there Would either baye to be an igno- minious surrender or a fight. He asked whether the xentiemen on the other side wore prepared tor the latter alternative. (An indistinct’ murmur ‘of “Yes!”) Were they or the peopie whom they repre- sented ready for the conflict of arms? Were they pre- pared to “cry havoc and let sip the dogs of war?” li they Were not then he appealed to them by all the memories of the past and all the hopes of the future to pause before they entered ona struggle the end of which no man could foresee, Mi. NOAR'S BSP Mr. Hoar, (rep.) of Muss.) sai Mr. Speaker, the danger which our wisest writers of coustitution years ago predicted anu dreade ynfronts the American people, ‘The constitution cons ROM. tins No express provision for that determination of disputed questions of law or tact which iw terms counting the electoral vote. the wisest siudents of its complicated meehanism have expressed their fear that it would yive way, not im re- fisting foreign force or civil dissension, not even by ‘or corruption, but because of iis vague and im- perlect provision {or determining the most vital of ail questionsthe ttle to executive power. Wh that peril, under circumstances of special difficnity,’ we have now to deal, Ip estimating this danger [ am not affected by any tear of civil war or any menace of violence. Such threats, if made in the spirit of empty bluster, deserve noth: aubority of the government, The evil of civil war-so great thaveven to threaten it ts a grievous erimo— only surpaseed by the greater evil of yielding one jor of lawtal authority to menace, But nothing could be more injurious to the wuole Republic, iiss sell-sacriticing and | j ing but contempt; if serious swift and indignant seorn and condemnation of the whole ple, do not dwell upon any appre. | sion of violent resistance (o the jawiul self hold dear, than that a man holding shall pe placed in the Presidential office whom ‘at least one-half of the American people will regard as Hy, rege by an Caged power which at least Lo of the people will regard as @ usurpation. It an; gentleman thinks otherwise bis judgment differs hon mine as to the influences which com ruth to the approbation of mankina, I notattempt to add another to the arguments the constitu- tional = question, namely, whom is the power to vermiit those grave questions of law and fact which may arise in determin- ing what votes have been lawfully cast for President and Vice President by Electoral Colleges. I agmit that those persons who believe that the constitution requires the President of the Senate in all cases to por- form that ofice must deem this bill unconstitutional, 1 do pot expect the votes of such persons for the bill unless they think that the recent almost unanimous acquiescence of the Senate and acur- ported bi: them to treut the question as concluded, far to yield their individual judgment it as one of doubt. This consideration may, perhaps, especially commend tse! who have honest! 1 evra ag their opinion on a grave question of constitutional law im the presence ofa great temptation, Fortunate 1¢ that statesman to whom long settled and matured convictions are suf- ficient for the solution of the ever new aad various roblem: public Iife— “Who in the beight of conflict keeps the law, In calmness made, and sees what he fore: POWKRS OF TAR PRESIDENT OF THE SUNATK, For myself, th: considerations make me deem It incredible that the tramers of tho constitution, or the people who accepted it, ever meant or could mean to ” entrust the power of deciding these vast questions to the President of the Senate, subject to no control of the two houses of Congress or the law-making power. First, they were a generation of men that dreaded above all other things, the usur- pation of executive power. Second, they expected that the President of the Senate would ordinarily be one of the candidates whose claim to the office was to be decided, They provided that two persons should be voted for for President, of whom that one having the second highest number of votes was to become Vice President und President of the Senate. The President of the Senate, therelore, must within four years havo boen a leading candidate for the Presidency of the United States, Their habit of continuing the same persons in public station doubtless led them to anticipate that he would be a leading candidate for the succession, as bas in the past happened when Adams succeeded Washington, when Jeflerson succeeded Adama, when Van Buren succeeded Jackson, and im many cases of unsuccessful competition, The same suggestions apply to all cases where the Vice President is a candidate for re-clection, Asin Great Britain, from which our institutions were derived, Parliament for centuries has regulated the inheritanco to the Crown and determined all questions of right to the succession, So, in every American State in existence when the constitution of the United States was adopted, the lature at that time within itselt elected the Gover- nor or counted the votes of the people and determined all disputes as to the popular choice, “As the Vice President,” says Alexander Hawilton, “may occasionally be a substitute tor the President, all the reasons which recommend the mode of election prescribed for the one apply with great if not equal jorce to the manner of appointing the other,’? There are three other theories with none of which this bill is in conflict:—First, that the President of the Senat must count the vote in the absence of concurrent action by the two houses, or of other provision by the law-making power, Second, that under the power expreasly con- ferred by the constitution upon Congress “to make all Jaws which shali be vece:sury and proper for carrying into execution the foregoing powers and all other pow- ers vesteg by this constitution i the government of the United States, or in any department or office thereof,’ the law-making power may provide a method of counting the vote; third, that tne power of counting the vote is bbe tad the constitution in the two hvuses voting rately. two houses of Con- gress are the tribunal which, according to this bill, 18 to execute this grave authority. If they have it b; the constitution it is lett undisturbed. It it needs the forces of the law-making power to confer it, this bill conters it, The only caso when any other aid comes in is when the two members of which the finul tribunal is composed differ in their judgment. Cer- tainly it is within the law-making power to provide what shall happen when the members of a coustitutional tribunal, composed of even mem- bers, are evenly divided in judgment We may’ surely provide by luw that it the Supreme Court, composed of six or ten members, be equally divided in opinion the judgment of the court below shall stand, of a report of a referee shall be accepted The commission {s pot an umpire, It is not an arbi- trator. it 1s an agency inferior to the two houses, reporting to them its action, wholly subject to them, but only to stand when the two houses are divided, The warmest advocate of the constitutional powers of the two houses must concede that this bill comes within the very letter of the definition of the law-making power of Congress, a law necessary and proper for carrying into execution the powers veated in the gov- ernment and any department thereof, Un- less Uris power exist in Congress of providing by law for the case where the two members of this tribunal, composed of an even number of the House and Senate, stand divided on any question, one to one, the advocates of the power of the two houses to count the vote must bdelieve*that the framors of the government meant it should perish when the not improbable case should arise of -@ division in sentiment between two political bodies on any question of Jaw or tact which should arise in counting the vote, THERM 18 NO COMPROMISE, Some gentlemen have spoken of this as & compro- mise bill. There is» drop of compromise init, 1 do not mean that alter it was found that tue principle of securing an able and impartial tribunal con- formed to tne opinions and desires of all that there was not some yielding of individual views ng to details; but how can that may be said to com- promise who, having ajust and righteous claim, asserts it, maintains ft, enforces it by argumont and proof, yields no jot or tittle of it before a tribunal so consti- tuted us to assure its decision in accordance with justice and righteousness. So far as the lot of humanity will admit, | think justice aud right are compromised when they aro submitted for their decision to force. They are compromised when they can only be maintained by doubtful, disputed exercises of power. They never can compromises when they are permitted to stand before a tribunal clothed = with = judicial powers surrounded by judicial safeguards, invested with legal authority by the law making power of the country. Let it not be said that tbis reasoning implies that truth and error stand on an equality; that it makes no difference whether mutters be settled right or wrong, provided only they be settled. It is precisely be- cause truth and error differ; 1t 1s because of the vast diflerence between the righteor reault and its tagonist, that we propose to submit the differ- ences between them, but not to force. not to heat and passion, but to that tribunal which among all mechan- isms possible to be executed by law is least llabie to bo diverted from the truth, Its charged that this com- mitiee 18, in the end, to be made up of seven men who will of course decide for one party, and seven men who, of course, will decide for the other, and must call in an umpire by lot; and there- in sabstance and effect, you are putting the de- of this whole matter upon chance. If this be true never was @ fact so humiijating to the republican Con- gress since itwas inaugurated. 1 the members of our national Assembly, the wisest and best selected tor the gravest judicial duty ever imposed upon man under, the constraint of {this solemn oath, can there be found 1 all this Sodom not tea—not one to obey any other mandate but that of party, Far otherwise was the thought of Madison, when, with exultant aspir- ation, he commended the constitution to his country- men where it may be doubtful on which side justice better umpires could be desired by two violent ms, flying to urms ani Stute to pieces, jonfederate heate finamet To impartiality of jucges they would unite — th affection of friends. “Haopy would it be if sue: «remedy tor iis infirmity could be enjoyed by all foreign overnments, or i! a project equally effectual could be established for the universal pewes of mankind.—Jamer Madison, in ihe Federal- isto Mo 43, But 1 especially repudiate this imputation when it rests upon those members of the commission who are tocome trom the Supreme Court, It is true there is & possibility of bias arising from old published opinion even there, and this, however minute, the bill seeks to place in exact equilibrium; but this smail inclination, 4 aay, will, in my judgment, however be weighted hundred told by the bias pressing them to preserve the dignity, power and weight of their judicial office be- fore their countrymen and belore posterity. They will not consent by a party aivision to have themselves or their Court go down in history as incapable of the judicial function in the presence of the disturbing e! ments of partisan desire for power in regafd to the greatest cause ever brought into judgment, “WITHOUT A RIVAL’! Mr. Speaker, the act we are avout to do will, in my Judgment, be one of the greatest in history, Our au- nals have been crowded with great achievements 10 local wor and ‘in peace, in art, in literature, in co! merce. Other countries, other republics, have equalled us in these things, but in this great act we shall stand without a rival or an example. For a thousand years our children, with tears of Joy and pride, will read that, while in the flerce striie for Executive power the sun of other re- publics has gone down in darkness and in biood, in their own country too the same great peril has arisen, their sky bas been darkened by Le same cloud, their ship with its costly freight of Joveand hope en- countered the same storms and Was driven near the fame rock; but, in the midst of storm and aarkness and conflict, the august aud awlul figure of Law rose over the face of the waters, uttering its divine controt ling mandate, ‘Peace, be sull!’’ I yield the remainder of my time to the gentleman from Maine (Mr Hale), Mr. Fort—Betore the gentleman from Massachusetts takes his seat will he answer a question? Mr. Hoar—Yos, sir. Mr. Fort—I desire to ask the gentleman whether he can give any reason, either on his own behalf or on behulf of the committee, why the entire Supreme Court as an organized body was not taken to make up this tribunal, or why all the members of that Court were not taken? Mr. Hoan—One very good reason was that it did not seem to be proper to take an entire department of the government and put 1 in on equality with a cum rmitice chosen by the two branches o! avother, But uer, a tranker, better answer is this:—For ono I d (I speak only for myself) to have an absolute equiiveiom of any possible political bias, however small, In the gentlemen who are to constitute this com- mission, REMARKS OF MR, MONROK. Mr. Mosnon, (tep.) of Obio, expressed deep regret 1 do hoid thas | that be could not voe for the bill, He bad given ita careiul and candid consideration, but there were some objections to it which, to his mind, had proved in- supera He stated the constitutional objections to Ht, one of which was that it irrevocably deprived the 4 to ive way Vice President to any other bod: the bill conflicted with =nost of the held on the subject. The eal members were asked to vote for @ measure which co flicted sharply with cherished coustitutional theories. Whoever was to be charge: with d ardipg consti- tutional convictions, that charge sbould certainly sot be made against those who out of regard for such con. victions, refrained from. favoring the measure. He should preier to have the electoral votes counted in the old way and trust tu the good sense, the modera- tion and the Leber of Congress and of the coupiry for a peacetul and satistactory result. At the close of Mr. Mouroe’s ech, at ten minutes past five P. M., the House took @ récess till hall-past seven P. M. ‘ EVENING 81 S810N. ‘The House met again at half-past seven P. M., with Mr. Hooker, of agp inthe chair as Speaker pro tem, The intense puvlio interest in the debate, as manifested by the crowded condition of the guileries throughout the day, showed no symptom of abatement, the crowds in the galleries being even denser than in the morning session. As usual, however, in night ses- sions for devate only, the attendance of members was very small, not more than a dozen being in their seats when tne House was called to order. e evening was made by Mr. Caldwell, (dem,) of T + Who advocated the bill, He deciared himself ready by bis to commit t! cause in which ho believed to the tribunal provid for im the bill, assured that through it the country would find peace and prosperity. He was followed by Mr. Stevenson, (dem.) of IIL, and Mr. Caulfield, (dem.) of IJ, also in support of the bill, SPRECH OF MR. GARFIELD, Mr. GARFIELD, (rep.) of Olio, was the next speaker. He desired in the outset to gay some good things of the Dill, Ithad some great merits which he most sin- cerely recognized. It was iniérded to abate strife in a great and trying crisis of the nation, It was intended to aid in tiding over a great present difll- culty, possibly a great pubi'c danger, It would, doubt- loss, bring aresult and would leave the person de- clared to be the elect of the nation with a more undis- puted title than perhaps under any other method.as yetsuggested. li he to speak of the bill ey as & partisan he shou was not . afraid of its operation, ~ The eminent gentlemen who would compose the commission, eminent for their cbaracter and ability, were men who, he believed, would seek to do justice and woulddo it, Believing, as be did, that Ruthertord B, Hayes had been honostly elected Presi- dent, he should confidently expect that an honest and fair commission (a8, doubtless, this would be) would find that tobe the fact, But it might find otherwise, and, if itdid, all good men everywhere would submit to the result, ° Mr, Gartleld then proceeded to argue ia support of the theory that it was the right of the /resident of the Senat count and deciare the electoral votes, As illustrative of bis argument he cited the fact thirty-one States of the Union the opening lishing of the yotes for Governor is a ministerial act and is put in the hands ot designated officers, while iu only seven States the Legisiature was the canvassing and returning board. THR CONSTITUTIONAL QUESTION, Mr. Garvigip proceeded with his constitutional argu. He declared that his first arraignment of the that what the fatt 0 carelully kept from Congress bad wer of the ‘The first speech of this Dill proposed to give to it, bill passed the constitutional — provi- sion on subject was gone forever and Congress might become the grand national retarning board from this day forward until the people destroyed it in its turn, It would make Congress a returning board, with ail the vices and uone ol the excuses of the returning boards of the States, Another objection to the bill was that the members of this commission were not to be appointed by spect eesliens ut by “ the the and contirmed were to be appointed by was at variance ~—s with Another objection to it wos empowered those official personages to take w jurisuiction they were entitied to have. In ‘words, they were invited to go into the fleld of the constitution and laws to browse at will; to construe them for themselves and to ta! hatever powers suited them. Another objection to the bill was that it would be in the power of the cotnmission and of the two houses to prevent any result whatever. I/ one party was not Satisfied with the result reached in regard to Fiorida, it might resort to objections, to debate, to separation of the two houses until the time was passed when “thé votes shall then be courted.” ‘here would be no “then” leit, Mr, Hoax asked whetber there was any more likeli- hood of the two houses retusing to discharge their duty than there was of the President of the Senate refusing to discharge hit ‘Mr. GaRrienp replied that the great difference was that the President of the Senate could be removed within an boar, but there was no way to punish a legisiative body Jor not performing its duty. 1p con- clusion, he suggested that the men of the present day sbouid not try to ‘shoot Niagara’’ and leave the whirl- pool to their children. (Appiause.) ‘The House then, at eleven o'clock, adjourned till to- morrow morning at teu o'clock, A CANVASS OF THE HOUSE. (BY TELEGRAPH 10 THE HERALD.) ‘Wasmneton, Jan. 25, 1877. Acareful canvass of the House, mado to-day by your correspondent, shows the following as the probable vote on the bill to-morro" VOR THE BILL. ‘The following will vote for tho bill:— Burleigh, of Ma. Cabell, of Va. Jones, of N. H. ‘Tucker, of Va. Bell, of N. @arris, of Va. Crapo, 01 dlass. Hunton, of Va, Yeutes, of N.C Waddell, of N, C. Davis, of N.C. Scales, ot N, Ashe, of N.C, Robbins, of N, C, Harris, of Mass, Pierce, of Mass, ‘Abbott, of — ‘Thompson, of Mass. Tarbox, of Mass. Warren, of Maas, Hour, of Mass. Vance, of N. G. Seelye, of Mass, Hartridge, of Ga, Chapin, of Mass, Harris, of Ga. Landers, of Conn, Candler, of Ga, Warner, of Conn, Blount, ‘of Ga, Feiton, of Ga, Williams, of Ala, Howitt, of Ala calf, of N. Y. Sehumaker, ot N. ¥, Chittenaen, of N. Y, iiss, of N.Y. Lowis, of Ala. Bade of N. ¥. Lamur, of Mise, Cox, of N. ¥. Wells, of Miss, Money, of Miss, ot N. Y. Field, Rupker, of Miss, Ward, ot N. ¥. ‘od, of N. Y. Gibson, of La, Mowith oN. ¥. Levy, of La, Willis, of N.Y. Reagan, of Texas. Odell, ot N. Ys Huncock, of Texas. Thockmorton, o! Texas, Whitenoure, of N, Schieicher, of Texas, John H. Bueley, of N. ¥. ‘dains, of N Saylor, of Obio, et of N. Banning, of Ohio. George A. Bugley, of N. McMahon, of Ohio, Lord, of N. Y. Rice, of Ohio, McDougall, of N. ¥. Foster, of Obio, Waiker, of N. ¥. Walling, of Ohio, Payne, of Ohio, Boone, of Ky. 3, OLN. Je Brown, of fommiton, of N. J. Milliken, of Ky. Cutter, of NAS. Watterson, of Ky. Peese, of N. J. McFarland, of Tenn, Hardenburg, of N. J, Ibreill, of Tenn, Keliy, of Pu Riddle, of Tenn. House, of Tenn, Whithorne, of Tenn, Atkins, of Tenn. Caidwell, of Tenn, Young, of Tenn, Humphreys, of Ind New, of ind, * Landers, ot Ind, Haymond, of Ind, Hamilton, of nd, uitield, of LL Harrison, of Lil, Lemoyne, of Ill, Headerson, of Lik bins, of Pa. Townsend, of Pa Clymer, of Pa. Mutchler, of Pa, Stanton, oi “A Powell, of Pa. Johu Keoilly, of Pa. ° Jenks, of Pa, Sheakley, of Pa. Willams, of Del, Campbell, of Li, Thomss, of Md. Bagvy, of 1, See ol ME Wike, ‘of Lh. Boerrec, of Md. Springer, of 1n, Sena, oS, Stevenson, of Lil, Bape; et BGs, Kaden, of Il, Bet onitd, Sparks, of fli, eee tre: Morrison, of Uh Sere OL hs Marisell, of LI, Anderson, of I, Kets, of Mo. Finley, of Fla, a ot Mo. Purmian, of Fla, Mectury, ot Lowa, ‘Tults, of Lowa, Ainsworth, of lowa, Witson, of lowa, Sampson, of Lo: McDill, of low ‘ig Oliver, of Jowa- Lynde, of Wis, Burchard, of Wis, Cate, of Wis, Piper, of Cal, Luttrell, of Cal strait, of Mina, Lane, of Oregon, Gooding, dt Kan. Wilson, of W, Va. Fauikner, of W. Va. Hereford, of W. Va. Woodburn, of Nev. AGAINST THE BILL. ‘The following, 1 1 believed, wil voto against the bill:— Fry, Played, of Me. Halli, of Me. Biair, of N Joyce, of Vi. Denison, of Vt. Banks, of Mass, Stone, of Mo. Hatcher, of Mo, Bland, of Sto. Phillips, uf Mo. Franklin, of Mo, Roa, of Mo. Debolt, of Mo. John B. Clark, Jr., of Mo, Buckner, of Mo, Gunse, of Ark. Wiltshire, of Ark, Gunter, of Ark. A. 6. Williams, of Mich, Waldron, of Mich. Willard, of Mich, Potter, of Mich. W. B, Williams, of Mich, Durand, of Mich, Bradley, of Mich, Garfold, of Ohio, Pappleton, of Ohio, Vance, of Ubio. H. Vornees, of Ohio Daniord, of Obio, Woodworth, of Ohio. Monroe, of Ohio. Towusend, of N. Y. Knott, of Ky. Williams, of N.Y. Blackburn, of Ky. Miller, of N. Y. White, of Ky. Baker, of N. Y. Thornburgh, ot Tenn, Lapnaim, of N. ¥, Freeman, of Pa, O'Netil, of Wood, of Pa. Bright, of Tenn, Fuller, of Ind, Carr, of Ind, Robinson, of Ind, Sinith, of Pa, Hunvwer, of Ind, Packard, ot Pa, Evans, of Ind Rose, of Pa, Baker, of Ind. Wallace, ot Pa, Huribat, of Li, Dougiass, ot Vi Burebard, of UL Stowell, ot V. Fort, of Ik Hyman, of N.C, Waiting, of Tt, Rainey, of Cameron, of Il, Butts, of S. Hubbeil, of Mich, Hoge, of 8, Mills, of Texas, Wallace, of 8.'C, Pratt, of Lowa. Smaila, of 8. O. Wiliams, of Wis, Harralson, of Ala, Caswell, ot Wis, Kimball, of Wis Forney, ,o! Ala, Rusk, of Wis, Singleton, of Miss, Page, ot Cal. Lyneb, of Miss, Dunnell, of Mina, ih, of La Brown, of Ki Lawrence, of Ohio. Crounse, of Nev. DOUBTFUL VOTES. The following were regarded as doubtful to-day, though expected to vote for tie measure when the yeas und-nays are called to-morrow :— Hendee, of Vi. . Savage, of Ohio, Kames, of R. 1. Hard, of Ohio, Ballou, of R. 1, Neui, of Ouio. Phelps, of vonn, rd, of Ohio, Wart, of Conn, , GF O10, Beebe, of N. ¥. Jones, ‘ot Ky. Hosk: Durbam, ot Ky, Sinnicgson, of N. J, Clarke, of Ky. Dobbins, of N. J. Holman, of ind Hoskins, of Pa, Morgan, of Mo. Terry, of Va, Glover, ‘of Mo, Smith, of Ga, Slimmons, of Ark, Cook, of Ga. Conger, of Mich. Hull, of Ga, Culberson, of Texas, Elid, of La, Kasson, of lowa THY ABSENTEES, Among the ansentce: Wheeler, of N. ¥. Stepbens, of Ga Bass, of N. ¥, Darrall, of La. Collins, of Pa, Cason, of Ind. Egbert, of Pa, Phillips, of Kaw. James B. Reilly, of Pa, SUMMARY OF THR VOTE, Of the seventy-seven members openly opposed to the bill fifty-nine ropublicans, or about one-haif of the republican strength of the House, On the vote the estimate is that seventy will answer to their names opposing, while 165 ts the provable vote that will be recorded in favor of the bill, leaving fifty-seven for absentees and those who do pot care to have their vote recorded. Ail the colored members, and, in fact, most of the Southern repuvli- cans wil) vote against the bill. In Ohio Fuster is the only republican member of the delegation in favor of the measure, while several democrats are against It. Toe republicans of Indiana and Illinois all oppose it; soofthe Maine delegation, with the exception of Burleigh. Tho Pennsylvania republicans aro «also nearly united in their opposition, The prominent fact developed by this canvass is that the bill bas over two-thirds in its favor. COMPOSITION OF THE COMMISSION. [BY TELEGRAPH TO THE HERALD. ] Wasuinoron, Jan, 25, 1877. With the prospect ofan early final passage of the Electoral bill, speculation 1s afoot concerning the com- position of the grand commission ot fiiteen, THE JuDGEs. Four of the judges are already virtually designated in the bill—namely, Messrs. Clifford, Miller, Field and Strong Now that Judge Davis is re- garded as imeligible, the choice of the fifth lies between Judges Swayne and Bradley. But as Judge Swayne 1s a fellow townsman of Governor Hayes, his residence being Columbus, Ohio, the chotce of tho fifth Judge is likely to fall upon Judge Bradley. THR SENATORS, Tho five Senators said to be most likely to be se- lected are Messrs, Edmunds, Conkling and Frelinghuy- sen, republicans, sad Messrs. Bayard ana Thurman, democrats. ‘THE REPRESENTATIVES. ‘The representatives from the House are not so read- ily named, It is quite generally aumitted that the two republicans will be Mcssra, Hoar and McCrary, but the choice of the three democrats will nave tobe made from a large field, The gentlemen conspicuously mentioned being Messrs. Payne, Know, Lynde, Mc- Mahon, Abbott and Field. The compliment Position on the commission will be offered to Mr. Payne, as chairmun of the House branch of the joint committee, but it is likely that he will not accept, ‘THE THREE DEMOCRATS. Out of deference to the propriety of appointing law- yers Mr. Proctor Knott, as chairman of the Judiciary Committes, is also regarded as likely to have an ez officio title to a place in the commission, but bis claim may be disregarded in order that the three democrats may include Judge Abvott, of Massachusetts; David Dudley Field, of New York, and Mr. McMahon, of Ohio, a trio of trained legal and judicial minds, to whose care the interests of Mr. Tilden would, many think, be most wisely committed. Judge Abbott, of Boston, is widely known in New England, and Mr. MeMahon, who lives in Dayton, Ohio, distinguished himself for his forensic ability during the conduct of the Belknap impeach- ment before the Senate lust summer. * ‘The grand commission of filteen would, if selected according to the programme above set forth, be as fol- lows:— SUPREME COURT JUDGES. Nathan Clifford, of Maine, Samuel F, Miller, of Iowa, Stepben J. Field, of Calitornia, Wilham Strong, of Pennsylvania. Joseph P. Bradley, ot New Jersey, BRNATORS. George F, Edmunds, ot Vermont, Roscoe Conkling, of New York. F. T. Frelinghuysen, of New Jersey. Thomas F. Bayard, of Delaware. Allen G. Thurman, of Ohio. REPRESENTATIVES, Josiah G. Abbott, of Massachusetts, D. Dudley Field, of New York. J. A. McMahon, ot Ohio. George F. Hoar, of Massachusetts, George W. MoCrary, of lowa. By this selectiun New York would have two members of the commission and Ohio two, so that the geographi- cal equilibrium would be preserved as between Messrs, Tilden and Hayes, IN THE STATE LEGISLATURE. SENATOR STARBUCK’S RESOLUTIONS AND SEN- ATOR HARRIS’ AMENDMENT LOST—SENATOR WOODIN'S RESOLUTIONS TABLED, Atvayy, Jun. 25, 1877. ‘The Senate resumed the consideration of the Woodin Tesolutions. Mr. STansucK, resuming his speech, contented that the clause in the constitution providing that the count- ing of the electoral votes should be made in the pres- ence of the two houses was significant, An act done in the presence of the House of Representatives was done subject to their approval. The word “counted,’’ as used in the constitution, meant more than simplo ministerial action; for nearly one hundred years tho contrary to this opinion bad never been main- tained, The Senato is now invoked to give aid to the conspiracy to defraud tho rightfully elected persons. Shall it lend its atd to such au unholy act? This crisis has come upon the country by the casting aside of the old brotherly love which used to prevail among the residents of the differ- evt States, It 18 the outcome of the recent raid of hate and rancor, The shadow of a great crime rests upon our iand to-day, Mothers are looking upon their sons and saying:—"Must this, my boy, be given up to the Dioody struggle which threavens our country?’ There is not a household in America Where these questions are not talked of at the hearth: In this distracted state of affairs biessed, 1udeed, 18 the man or the bLoay of men who will strive to stem the trouble and give peace to our Deioved country, Tue candidate of the democratic party was elecied by a majority of 240,000, and be was as justly entitied to the Presidency of the Unied States as Was George Washington on the oceasion of his first election. We must make it impossible for any Presi- dent hereafter to march an army into a State in mes of peace to influence an election, We must guard with aoalous care the rights of election by the people and insist on an absolute acquiescence in the will of the ioajority. May Senators around this circle join hands with she lovers of fraternal teeing at Washington, and then, indeed, will they worthily receive the benedic- tiou of the Master, who said, “*Bieased are the peaco- makers.’ THE RESOLUTIONS NEGATIVED. Mr. Jacons then asked fora division on the quea- Hon, requesting A separate Vote on each resolution offered yesterday by Mr. Starbuck. ‘The resolutions were voted upon separately and each in its turn lost, by @ vote of—yuas 10, nays 16. AMENDMENT OF MK. HARRIS. Harxis renewed the amendment which he ofiered yesierda! CHOONMAKRR said he had not intended to enter discussion, but the fact that the majority pressed the resolutions alter they hud become obsolete induced him to make # few remarks, News bad been Hashed over the wires this morning from Washington of groat significance, and it behooved the majority to keep up with the march of events. Ho criticised the resolutions in detail, and denied that the recials con- tained therein were (he truth of history. id from the constitution the duties of ti stated therein, and denied the ought to’ be given its reading with wo counting votes by leuding republicans. ‘The intention of the framers of the government was that it shouid be supreme in federal aflairs. This is @ federal quoation, and Congress should have control of it If the voice of any State is sought to be misrepro- sented it is cminently proper that Congress should see that justice ix done that State He as the Senator from tbe First (Mr. Prince) how he could go back to his constituents and explain away bis action in mis ning them, as he did in hig speech supporting solution last Tuesday evening. SHNATOK PRINCK AND M19 KXPLANATIOS, Mr. Prince replied that he hoped to speak in somo twenty places in tis Souatorial district alter the ad- on | nothing more desiructive to the principies that Imy \ Vice President of ali power to ascertain and decide the Bradiord, of Ala Magoon, of Wis. journment of the Senate, and ho invited Mr, Schoun- maker to ve present, when he wou! naive. Prince) patton to explain bis Senatorial ots. Mr. ScuOomMaKER answered that he would enjoy bee present at any such performance, tor it would cere tainly be ap amusing one. JACOBS AND Ti Mr. Jacous said, in view of the news (rom Washing- ton to-day, it would be almost criminal to pass these Woodm resolutions to-day. He therefore moved to postpone them indefinitely. Lost—yeas 10, nays 15, Mr, Jacops appealed to Senator Woodin to forget that he is a republican and begged of him to remember that he #4 patriot and wants the peace und harmony of nis country, ‘MK, WOODIN TAKES THE FLOOR, Mr, Woonix then took the floor in opposition to Mr. Harris’ proposed amen ‘y THE MARR ENDMENT LOST. ’ The question occurring on Mr. Harris’ amendment, it was lost—yeas 11, nays 14, The following is tho vote in detail:— Yuas—Messes, Bradley, Gerard, Hamm i Jacubs, Lamont, Loomis, Morrlasey, Shcvamabers wore buck and Wagstal—11. tats zMemsts. Baaden. Carpenter, Cole, volemen. Doo- 8, lcUartby. Moure, Prince, duns, deltas Veldana oats Messrs, Bixby and Kennedy were present, but, being Paired off with Messra. Toby and Sprague, who were absent, did nos vote, Mossrs. St. Jono and Wellmag were absent, THE WOODIN RESOLUTIONS TABLED, Mr. Woopiy said there were som publican Sena tors absent who desired to be present and vote ups the resolutions, and he therefore moved to tavle them for the present, Curried, after which the Senate went into executive session, When the doors were opened after the executive ses- sion, at three ., Mr. Haxris offered bis resolution again, making it simply the expression of the Senate, not concurrent, i Mr, Woopin moved to table the resolution, Carried, Adjourned. ACTION OF THR HOUSR, Mr. Hoaenoom called from the table the resolution offered by Mr. Posi, approving the Electoral till now betore Congress, and offered a substitule for the same as follows:— ‘esolved (if the Senate concur), That we f Conyrens to look their all against which, as our early ry clearly they intended to place and us they supposed had placed, the strongest bulwarks, ‘This invasion fe none the ‘more Justifiable, becwuse In. the guise of a compromise; it is in reality in violation of thot Sacred compromises upon which the government itself. w: led, and without whi tablished; nor the be grave menace, the preset opportuuity is’ employed to ae Complish it. ‘Thut the constitution, and by the lichts ite framers placed wround it, bas left no reasonat loubt as to what was ingended to be’ provided upon this subject, and he 1ong line of precedents estublished in conformity’ with contemporaneous interpretation, should be accepted as satisfactory wathority, ‘aud affords at this time the safest gui Mr, ALvorp@oved to refer the resolution and sub- stitute to the Committee on Federal Relations. Mr. Post ed that he had an understanding with Mr.'Hogeboom that the resolution when called up should be allowed to remain on the table, in order that it might be called up ata proper time and when we were prepared to discuss it, Hoe trugted this arrauge- ment would be curried out, as be did not believe the House was ready to consider the matter to-day, Some remarks were made by several members, when Mr. ALvorp withdrew his motion, and the resolution and substitute wero Inid on the tablo for the present, POPULAR OPINION. LEGISLATIVE DISCUSSION IN CONNECTICUT— SENATOR EATON HISSED BY THE DEMOCRATS FOR OPPOSING THE BILL. Harrorp, Jan. 25, 1877. The Legislature renewed its consideration to-day of the national electoral question, Ip the Sonate that body refused to concur in referring the resolution in. dorsing the plan proposed in Vongress to the Commit- tee on Federal Relations and insisted on its action adopting the measure. When tho resolution was thereupon returned to the House, that branch recon- sidered its vote of reference, and fora moment it secmed possible that concurrent action would bo cured aud that legislative indorsement of the plan would be given without further delay. But the re- publican leaders bad vther viows, and a eeries of resolutions, which were drafted by Hon. Lynde Har- rison, Speaker of the House, and approved at a con- ference of republican politicians last night, were in- troduced by Representative Vincent Colyer, of Darien, as ap amendment, as follo Resolved by this Assembly, That, laying aside all party feeling and looking only to the good of our common country, we hereby express our confid wisdom, patriotism ‘d integrity of the Executive. gress ofthe United In the settlement of the questions growing out of the Presidential election. exolved, Thatethe provisions ot our written constitution should be strictly followed in time of peaco; the three de- partments of the federal government should b pone judependent of each other; the rem for det fa the constivucion 1s by its amendment, and not by legi tive interference. Kesolved, That we are opposed co intimidation, and murder as 8 m poli in elections; that to the national consti as suffrage, and correct any embi- bey which may now exist in it concerning the election of residen Hesolved, That whether the ponding disagreements ab Washington iu relation to the method of ascertuining the result of the i jection for President be settied by follow. flan adopted at she first election of Wash- nd followed at subsequent elections for forty years, adopting » plan which would provide for the rejection by the coneuerent, vote of houses of Congress of the electoral vote of any State on account of intimidation, viow ir by the operation of the proposed law ta commission of fifteon persons, hereby h rey and of all on loyal be declared elected Pr ‘Vlas an) ‘opposition to the inauguratt pation of rson who may be declared elect nt, by either of the asoresuid methods which may be adopted by Congress, will be treason; and all persons whe threaten civil war, unless some one specific plan of settli she digiculty 1s followed, deserve the execration of all goo tizeus, These resolutions elicited a spirited debate, the ro- publicans taking the ground that it was preferuble at ‘this time not to indorse any particular plan, while the democrats objected to the resolutions ag calculated to divide the parties, as party claptrap, and meaning anything or nothing. SENATOR EATON’S VOTE, While the debate 1 progress Reprosentative Henry M, Cleveland stated that he had a private tele. gram relative tothe vote on the electoral plan, and road, ‘Senate has passed the Dill, 47 10 17."’ Atthis point he was interrupted by loud applause on the demo- cratic side, Mr, Cleveland smiled sarcastically, and ulated, it @ moment, gentiemen, I'll give you a second chance.” And, cen- tinuing, he read the concluding tence of the ‘Senator Eaton only democrat in the ‘Instead of applause the republicans, who sat. impassive throughout, were astonished by th volley of hisses from the democratic «i The Speuker hastily rapped the House to order, silevcing that re- markatie ‘demonstration—democrats bissing that ‘reat exponent of democratic principles, Senator paton, on the floor of the Counecticut Legislature. Alter two hours of sharp debate the previous ques- tion was demanded. Then ensued a period of filivus- tering by the democrats, including demands for and culling of the yeas and pays, or motions to adjourn, to table, &c., Which were successively defeated by the repubiican majority and by nearly a strict party vo Finally, the new resolutions were passed by a vote of 119 to'78, and now go to the Senate for concurrence, COMMENDATION FROM MASSACHUSETTS. Boston, Jan. 25, 1877, The Committee on Federal Relations of the Legis- lature will report this afternoon resolutions tavoring the Electoral bill and a constitutional amendment to guard against any sim: contingency ip the future, LIVELY SATISFACTION IN THE OLD DOMINION, [By TELEGRAPH TO THE HERALD.) Perersecra, Va, Jan. 26, 1877. The passage of the Electoral bill by the Senate in- spires a feeling of the liveliest satisfaction among the democrats here. Many prominent colored men, repub- lican 1 politics, but property holdersas well, now regard the bill with favor, their interest couducing to the de- sire for a peaceful solution of the Presidential dim. culty. The carpet-bag eloment denounce it as a cor- rupt bargain and view with suspicion and ‘listrust the action of republicans whom hitherto they have re- garded as party lead REJOICINGS AT NEW ORLEANS, [BY TELEGRAPH TO THE HERALD. ] New Onieays, Jan. 25, 1877, News of the pas: of the Electoral bill was well Yeoe|ved here to-day, and it seems to satisty the lead. ing men of both parties, together with the entire bust ness community. All securities advanced, and State bonds touchea seventy, a rise of three per cent, INDORSEMENT BY THR MINNESOTA ASSEMBLY, St. Pavt, Jan, 26, 1877. The House passed by a vote of 65 to 6 a resolution indorsing the Compromise Committeo’s plan of seth the electoral question, A CORRECTION, To tax Epiror oy tux HeRALD:— Judge Fowle authorizes the denial of the despatch from Weedon stating that he was opposed to the action of the joint commtitees of Congress upon the electoral matter. Judge Fowie at first doubted as to tts consti. tutionality, but now states publicly tI he believes ‘that the peace of the country will be preserved by thé aotion of the commit J, PB, CALDWELL, Kaunian, N. C., Jan, 2, 1877. EXECUTION STAYED, {BY TELEGRAPH TO THE HERALD. Sart Lake, Utab, Jan. 26, 1877, The case of Bishop John D. Lee, convicted of mun dor in the Mountain Meadow massacre of 1867, was appealed to the Supreme Court of the Territory, which has granted a stuy of execution. If the caso, is there decided against him it wiil probably be appea! to the Supreme Court of the Unitea 0%, Lue tee: jubilant O his prospects Of getting & new trial, and counsel is algo Gauguine wae