158 



CONGRESS, UNITED STATES. 



ment of the Senator from Massachusetts (Mr. 

 Dawes) is withdrawn." 



Mr. Morton : " I offer the following amend- 

 ment, to come in at the close of the second 

 section of the bill : 



Provided, That nothing herein contained shall au- 

 thorize the said commission to go behind the finding 

 and determination of the canvassing or returning 

 officers of a State, authorized by the laws of the 

 State to find and determine the result of an election 

 for electors." 



Mr. Edmunds: "As the possible effect of 

 that amendment, if rejected as I hope it will 

 be might, be to raise in the mind of some 

 doubtful Senator or judge an implication that, 

 by refusing to adopt such an amendment, we 

 had intended to confer the power to do what 

 is there negated, I move to amend the amend- 

 ment by striking out, after the word ' provided,' 

 the negative words, so that it will read, ' Pro- 

 vided, that this tribunal shall be authorized to 

 go behind the returns.' I shall vote against 

 that amendment to the amendment, as a mat- 

 ter of course; for the object of the committee, 

 I believe, successfully and undeniably attained, 

 was to have this great cause tried upon the 

 law as it is now, and not to declare that it 

 ohould be tried upon some new principle of 

 law, whichever way we might think we would 

 be glad to have a new principle of law. In 

 order, therefore, to guard against the slant 

 which the rejection of this amendment might 

 in some minds produce in respect of the opin- 

 ions of the passers of this bill, I move to amend 

 the amendment so that it will read conferring 

 authority to do the thing that my friend does 

 not wish to have them do, and which I do not 

 wish to have them do. I shall vote against 

 my own amendment, and I shall ask every- 

 body else to do it ; and then I shall vote against 

 the amendment itself, and that, being rejected, 

 will leave it without any implication." 



The President pro tempore: "The amend- 

 ment to the amendment will be reported." 



The Chief Clerk : " It is moved to strike oat 

 of the amendment the words ' nothing herein 

 contained shall authorize,' and insert after the 

 word 'commission' the words 'shall have au- 

 thority ; ' so as to read : 



That the said commission shall have authority to 

 go behind the finding and determination of the can- 

 vassing or returning officers, etc." 



The President pro tempore: "The question 

 is on the amendment of the Senator from Ver- 

 mont to the amendment of the Senator from 

 Indiana." 



The question, being taken by yeas and nays, 

 resulted as follows : v 



YEA Mr. Cooper 1. 



NATS Messrs. Alcorn, Allison, Barnum, Bayard, 

 Elaine, Bogy, Booth, Boutwell, Bruce, Burnslde, 

 Cameron of Pennsylvania, Cameron of Wisconsin, 

 Chaifee, Christiancy, Clayton, Cockrell, Conkling, 

 Conover, Cragin, Davis, Dawes, Dennis, Dorsey, Ea- 

 ton, Edmunds, Frelinghuysen, Goldthwaite, Gordon, 

 Hamilton, Hamlin, Howe, Ingalls. Johnston, Jones 

 of Florida, Jones of Nevada, Kelly, Kernan, Mc- 



Creery, McDonald, McMillan, Maxey, Merrimon, 

 Mitchell. Morrill, Morton, Paddock, Patterson, Price, 

 Randolph, Ransom, Robertson, Sargent, Sherman, 

 Stevenson, Teller, Thurman, West, Whyte, Win- 

 dom, Withers, and Wright 61. 



ABSENT Messrs. Anthony, Ferry, Harvey, Hitch- 

 cock, Logan, Norwood, Ogleeby, Saulsbury, Sharon, 

 Spencer, Wadleigh, and Wallace 12. 



So the amendment to the amendment wad 

 rejected. 



The President pro tempore: "The question 

 recurs on the amendment proposed by the 

 Senator from Indiana." 



The question, being taken by yeas and nays, 

 resulted as follows : 



YEAS Messrs. Boutwell, Bruce, Cameron of Penn- 

 sylvania, Cameron of Wisconsin, Clayton, Dawes, 

 Dorsey, Hamilton, Hamlin, Ingalls, Mitchell, Mor- 

 ton, Paddock, Patterson, Sargent, Sherman, Teller, 

 and West 18. 



NATS Messrs. Alcorn, Allison, Barnum, Bayard, 

 Elaine, Bogy, Booth, Burnside, Chaffee, Christiancy, 

 Cockrell, Conkling, Conover, Cooper, Cragin, Davis, 

 Dennis, Eaton, Edmunds, Frelmghuysen, Gold- 

 thwaite, Gordon, Howe, Johnston, Jones of Florida, 

 Jones of Nevada, Kelly, Kernan, McCreery, McDon- 

 ald, McMillan, Maxey, Merrimon, Morrill, Price, 

 Randolph, Ransom, Robertson, Saulsbury. Sharon, 

 Stevenson, Thurman, Wallace, Whyte, Wiadom, 

 Withers, and Wright 47. 



ABSENT Messrs. Anthony, Ferry, Harvey, Hitch- 

 cock, Logan, Norwood, Oglesby, Spencer, and 

 Wadleigh 9. 



So the amendment was rejected. 



Mr. Sargent: "I offer the following amend- 

 ment : After the word ' therein,' in line 89, 

 page 6, to insert : 



And said commission snail sit with, open doors, 

 except when in consultation on questions pending 

 before it." 



Mr. Edmunds : " I hope that amendment 

 will not be adopted. If you cannot trust to 

 these people, like any other committee or com- 

 mission, to determine what the fitness of things 

 is about such a matter, you had better not 

 have it." 



The President pro tempore: "The question 

 is on the amendment of the Senator frem 

 California." 



The yeas and nays were ordered, and, being 

 taken, resulted as follows : 



YEAS Messrs. Elaine, Cameron of Pennsylvania, 

 Clayton, Dorsey, Hamilton, Hamlin, Mitchell, Mor- 

 ton, Patterson, Sargent, Sharon, Sherman, and 

 West 13. 



NATS Messrs. Alcorn, Allison, Barnum, Bayard, 

 Booth, Boutwell, Burnside, Cameron of Wisconsin, 

 Chaflee, Christiancy, Cockrell, Conkling, Conover, 

 Cooper, Cragin, Duvis, Dawes, Dennis, Eaton, Ed- 

 munds, Frelinghuysen, Goldthwaite, Gordon, Howe, 

 Ingalls, Johnston, Jones of Florida. Jones of Neva- 

 da, Kelly, Kernan, McCreery, McDonald, Maxey, 

 Morrill, Price, Randolph, Ransom, Robertson. Sauls- 

 bury. Stevenson, Teller, Thurman, Wallace, Whyte, 

 Windom, Withers, and Wright-^7. 



ABSENT Messrs. Anthony, Bogy. Bruce, Ferry, 

 Harvey, Hitchcock, Logan, McMillan, Merrimon, 

 Norwood, Oglesby, Paddock, Spencer, and Wad- 

 leigh 14. 



So the amendment was rejected. 



The yeas and nays were ordered on tht 



