The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-22

constitutional. 1t was the intention OF the
trainers OF the constitution to make the s.
ELECTION OF PRESIDENT INDEPENDENT OF CONGRESS-,
but tins twcnty-second rule made the election OF
President depend upon either House OF congress,
as either House under this rule could prevent the
counting OF the vote OF any State. In case the
House was democratic and the senate republican
and the latter throw out the democr.. TIC states
unll no votes were left, aud then the election
wond be thrown into the House OF u Rep
Of Representatives had been twice tried,
and both times the country came very
House, Nebraska. with her $4,000 people, would
have the same vote in eiec,ing President as New
YORK, with ner 100000 inhabitants. Under the
present system, the electoral vote never APP
proached within ten per cent OF the popular voie
and IN some instances IT varied as much as thirty
per cent. lie reviewed at some length the report
OF the committee which accompanies the proposed
amendment.
DANGER IN COUNTING THE PRESIDENTIAL VOTE.
Mr.. THURMAN tdem.) OF OHIO. said the danger 10
which the country was subjected had not been ex-
seemed to him CIR. Thurman) that The rem
edy proposed really JAILED 10 meet the dam
with the experience OF LOUISIANA before the
country, he thought needed no proof. the great
danger Of au was the counting Of the vote for
President here In W Washington. II the election OF
President al the last count had depended upon
the vote OF Louisiana or Arkansas the whole coun.
try might have become involved in civil war; and
so In 1862 when the acting Vice President an
nounced that the vote OF Georgia should be
counted II it did not change the result but 1t did
change the result iI shonld DC rejected. he was
much surprised when he looked at the report pre-
sented oy the committee and saw thar 1t provided
Tor no EibuDal Tor the settlement OF contested
election cases IN the Electoral College.
DECISION OF CONTESTS.
Mr.. MORTON said some OF the members OF tho
committee were IN favor OF having the Supreme
Court OF the United States settle sucn cases.
0sner members thought the Circuit ana District
and Others, that special tribunal should be cre-
ated by Congress ;or this purpose The commit
tee had. therefore. come TO the conclusion 70 leave
Tile WnOle matter 10 congress lOr acton.
Mr.. THURMAN said he was not willing TO connde
be provided Tor in the constitution. The laws to
operate Oh this great subject should not oe at the
sns Of any msSssj ay he Thought
particular. Another matter which required
great consideration was the TACT that the
changes in the election OF President. he did not
refer to ne abolition OF the Electoral College -
that was small matter; but it provided that
plurality should elect instead OF a majority. Wnen
Congress TOOK into consideration the great power
slowly In making changes OF such I'm porlance. He
asked that the resolution might be la,d over to
give senators cnsnce 10 examine !, closely
concurred IN several things said by the Senator
from Ohio. The next Presidential election was
less than two years nom now. and no Senator
thought this proposed amendment would
become part OF the constitution, drst, by the
action of the two houses Of Congress, ana then by
the action OF tnreeourths OF the States session
to enable Congress to establish any tribunal LOT
proposed. He then erred to the twenty-second
joint rule, and said lew lawyers would deny that
some OF It's provisions weIe at least questionable.
without going into the merits OF the proposed
amendments lie would say that Congress would
fall short Of an urgent and important duty II the
4th or March should witness the dissolution OF the
two houses Without having devised some mode
better tnan this twenty-second joint rule TOR as
certaining the viii OF the people IN regard 10 .
choice for President.
Mr.. EDMuNps, lrsp) OF Vt, concurred in much
that had been said by the senator from New YORK
(Mr. Conklng), and said In his opinion there was
power IN the legislative branch OF the govern
ment to regulate mat power conferred upon Con-
gress by the constitution. Congress should. how
ever De very careful IN the exercise or this power
Pending the discussion MIR. THURMA AN moved that
the further discussion OF the resolution be post
pOned until the first MOnoay IN February, but as
the Senator from Indiana (Mr. Morton) was not
then IN his seat. did not ask a vote.
The Senate then. alta quarter past three O'CLOCK.
ceeded in the consideration of executive business.
AT half.past three the doors were reopened and
the senate adjourned.