CONGRESS, UNITED STATES. 



1C3 



constructions. Each is possible under the 

 language. The Constitution say*: 



'I'h, President of the Senate ahull, in the presence 

 of the Senate and the House of Representatives, 

 "! !i nil the certificates, and the votes ahull then be 

 counted. 



M It does not say who shall count them; it 

 K-.i\i-s it open to inference that they shall be 

 onunti'd by the two Houses on the one hand, 

 or by the President of the Senate on the other. 

 I will assume, for the sake of the argument, 

 that you can give to it either construction. I 

 will assume that it is open to both views. Then 

 the question comes, which is the more reason- 

 able, which is the better, which is the safer of 

 the two : to adopt that construction which 

 gives this great power to one man, the Presi- 

 dent of the Senate, who may bo counting the 

 votes for himself, as it has turned out six times 

 in our history ; or would it be safer to leave it 

 to the determination of the two Houses of 

 Congress, representing the States and the peo- 

 ple? If we are open to adopt either one of 

 these constructions, I say the latter is the 

 safer, it is the more reasonable, it is in con- 

 formity with the spirit of our government and 

 of popular institutions. I then adopt the lat- 

 ter construction." 



The Presiding Officer (Mr. Mitchell in the 

 chair) : "The question is on the amendment of 

 the Senator from New Jersey (Mr. Freling- 

 huysen) to the amendment of the Senator 

 from Tennessee (Mr. Cooper)." 



The question being taken, resulted as follows : 



YEAS Messrs. Allison, Anthony, Bruce, Burn- 

 side, Cameron of Pennsylvania, Conkling, Dawes, 

 Ferry, Frelinghuysen, Hamlin, Howe, Logan, McMil- 

 lan, Morrill of Vermont.Morton, Paddock, Robert- 

 son. Sharon, West,and Windom 20. 



NAYS Messrs. Bayard, Bogy, Booth, Boutwell, 

 Christiancy, Cooper, Davis, Eaton, Goldthwaitc, 

 Gordon, Ingalls, Johnston, Jones of Florida, Kelly, 

 Kernan, Key, McCreery, McDonald, Maxey, Merri- 

 mon, Mitchell, Norwood, Randolph, Ransom, Sauls- 

 bury, Stevenson, Thurman, Whyte, and Withers 29. 



ABSENT Messrs. Alcorn. Cameron of Wisconsin, 

 Caperton, Clayton, Cockrell. Conover, Cragin, Den- 

 nis, Dorsey, Edmunds, English, Hamilton, Harvey, 

 Hitchcock, Jones of Nevada, Morrill of Maine, 



, 



>>v, Patterson, Sargent, Sherman, Spencer, Wadleieh, 

 Wallace, and Wright 24. 



So the amendment to the amendment was 

 rejected. 



The Presiding Officer : " The question is on 

 the amendment offered by the Senator from 

 Virginia (Mr. Johnston) to the amendment of 

 the Senator from Tennessee (Mr. Cooper)." 

 Mr. Johnston : " I ask for the yeas and nays." 

 The question being taken, resulted as follows: 

 YEAS Messrs. Allison, Bogy, Davis, Johnston, 

 Kelly, McCreery, Ransom, Sargent, Saulsbury, Thur- 

 man, and Withers 11. 



NAYS Messrs. Booth, Boutwell, Burnsidc, Came- 

 ron of Pennsylvania, Cameron of Wisconsin, Chris- 

 U ancv > Oodkrellj Conkling, Cooper, Dawcs, Dennis, 

 Eaton, Edmunds, Ferry, Frehnghuysen, Gordon, 

 Hamilton, Hitchcock, Howe, Ingal Is, 'Jones of Flor- 

 ida, Key, Logan, McDonald, McMillan, Maxey, Mer- 

 nmon, Mitchell, Morton, Norwood, Oglesby, Pad- 



dock, Randolph, Robertson, Sharon, West, Whyte, 

 Windom, and Wright 89. 



ABSENT Messrs. Alcorn, Anthony, Bayard, Bruce, 

 Caporton, Clayton, Conover, Cragin, Dorsey, Eng- 

 lish, (roldthwaite, Hamlin, Harvey, Jones of Nevada, 

 Kernan, Morrill of Maine, Morrill of Vermont, Pat- 

 terson, Sherman, Spencer, Stevenson, Wadleigh, and 

 Wallace 28. 



So the amendment to the amendment was 

 rejected. 



The President pro tempore: "The question 

 recurs on the amendment proposed by the 

 Senator from Tennessee (Mr. Cooper), which 

 will be read." 



The Secretary read the amendment, as fol- 

 lows : 



And if the two Houses do not agree as to which 

 return shall be counted, then that vote shall be 

 counted which the House of Representatives, voting 

 by States in the manner provided by the Constitu- 

 tion when the election devolves upon the House, 

 shall decide to be the true and valid return. 



The yeas and nays being taken, resulted as 

 follows : 



YEAS Messrs. Bogy, Caperton, Cooper, Davis, 

 Gordon, Johnston, Kelly, McCreery, McDonald, 

 Ransom, Saulsbury, Thurman, and Withers 18. 



NAYS Messrs. Allison, Booth, Boutwell, Burn- 

 side, Cameron of Pennsylvania, Cameron of Wis- 

 consin, Christiancy, Cockrell, Conkling, Dawes, 



> _ , 1 j' '11 il 1 I j JJA^ilililtlAA, .M .t.\ <- ^> f *H I 1 1 1 III' 'II. 



Mitchell, Morton, Oglesby, Paddock, Robertson, 

 Sargent, West, Whyte, Windom, and Wright 35. 



ABSENT Messrs. Alcorn, Anthony, Bayard, 

 Bruce, Clayton, Conover, Cragin, Dorsey. English, 

 Goldthwaite, Hamlin, Harvey, Jones ot Nevada, 

 Karnan, Morrill of Maine, Morrill of Vermont, Nor- 

 wood, Patterson, Randolph, Sharon, Shermtfn, Spen- 

 cer, Stevenson, Wadleigh, and Wallace 25. 



So the amendment was rejected. 



Mr. Maxey, of Texas, said: "I offer an 

 amendment, and ask that it be read." 



The Chief Clerk : " The amendment is to 

 add to the second section the following: 



But if the two Houses fail to agree as to which of 

 the returns shall he counted, then the President of 

 the Senate, as presiding officer of the two Houses, 

 shall decide which is the true and valid return, and 

 the same shall then be counted." 



The President pro tempore: "The section 

 will be read as it will stand if this amendment 

 be agreed to." 



The Chief Clerk read as follows : 

 SECTION 2. That if more than one return shall be 

 received by the President of the Senate from a State, 

 purporting to be the certificates of electoral votes 

 given at the last preceding election for President and, 

 Vice-President in such State, all such return* shall 

 be opened bv him in the presence of the two Houses 

 when assembled to count the votes ; and that return 

 from such State shall be counted which the two 

 Houses, acting separately, shall decide to be tin- 

 true and valid return. But if the two Houses fail 

 to agree as to which of the returns shall be counted, 

 then the President of the Senate, as presiding officer 

 of the two Houses, shall decide which is the true 

 and valid return, and the same shall then be counted. 



Mr. Edmunds, of Vermont, said : " I have 

 two objections to this amendment. The first 



