The New York herald., 1876-12-12

tativeS The Supreme Court was usually composed OF
unequal number oil persons, and some conclusion
must be reached by II.
He spoke the danger to be feared owing TO the
prejudice passion and anger which must exist IN SO
large body of men compose the two houses OF
Congress, in deciding questions OF this character ana
argued the power OF counting the electoral vote
should not be reposcd in a political body. He favored
vestpg tho power IN the supreme Court, because
Judges were not subject TO The excitement which gov
the majority OF men besides they were trained
TO careful knowledge OF constitutional law, aud would
bring 20 the consideration OF the question minds well
fitted for the performance OF duty on account
o their impartality and great respect for govern
nenL Senators and Representatives, he said, were
or less partisan, and be they as pure as human
nature could be- they must be influenced IN favor OF
this that party TO some extent The Judiciary COM
msiee thought the Constitution should speak plainly
this subject and speak to tribunal which had ex-
sted since the adoption OF the constitution ITSELF In
referring 10 the last section OF the proposed amend
ment, making It applicable TO the present contest "
ratified in ime Mr. Edmunds said he did not share In
what was said by parties who should not have made
use OF such expressions that there danger of civil
couvulson by orce There would DO such trouble
unless It was forced by men who care more Tor
what they can make out OF war man
The two houses OF Congress could not agree
in regard last election IL did not follow that
wise and patriotic men would think they must
al aack their muskets. He did net think the good
Of this nation, with lis love tor law, was gong 10
for last November should appoint poslmasters and
sign commissions during the next iour years. There
would be found somewhere in the constitution way
to settle It pcaceably
SPEECH OF MIR. MORTON.
Mr. MORTON said he was sorry that the debate had
been thrown upon the Senate Ut tins time as he had
not carefully considered tins proposed amendment,
though he Dad studied tho general subject Tor
that the proposition before it a
true and proper one, and ono under which tic
country could prosper and live Tor all time. Should
this proposition be adopted IL was very certain that
none other would be adopted for many yenrs. There
number OF fatal objections to this amendment.
proposed 10 transfer tho count OF the electoral
10 the supreme Court which would make that tribunal
political body. ltwould make that Court the grand
returning board of the country, and It's motives would
always be impugncd When the Supreme Court of
the United States should be vested with the power Of
determining what party should be In authority for
four years the members OF that Court would have po
ca power which would be dangerous He argued
that the proposed amendment was u re-enactmcDt of
the twelfth article of the amendments to tho constitu
tion, with three changes, which were
FasiThat electors shall vote rird roce, instead OF
by ballot.
vote to the Supreme Court.
Third-Making Supreme Court judge ineligible for
the oce ol President or Vice President until tho cx
pualon OF Two years next after he snail have ceased
to be such justice.
rhe prupos ilon left the Electoral College standing
with all It's abuses. The people of the United States
opposed that institution, as 1t was iuiI OF dan
trouble, oil which was at the very doors
OF Congress to-day. This Electoral College was the
rock in the channel upon which the country was more
likely to spit than any other
Mr. MORTON then quoted at length from 4 report
which ho made to the Senate two years ago from the
Committee on Privileges and Elections 10 show that
he opposcd tho Electoral College then and said he ala
not believe that the people OF this country would ratliy
this proposed amendment with the Electoral College
provision standing. Ho also objected TO the proposed
amendment because 1t rcenaccd the provision author
i2lng the election OF President by the House OF Rep
This provision he regarded as OF the
most dangerous in tho constitution. 1t gave to Nevada
with her A. 900 people the same voice IN the election
OF a President that New York had with Ill times as
many nh ibanis Suppose said he, the election OF
President Tor the ensuing tour years should 90 thrown
into the House OF Representatives. President would
be elected by who were elected two years ago. and
many OF them did not represent the will o the people
clause authorizing the House 10 elect the last
clause put IN The constitutions IL was put there
without deliberatiun; without debate. The country
came near being snipwreckcd in 1901. The arts re-
sorted 10 tor the purpose OF bringing about election by
the House that year would utterly damn any pubic
man OF this day. He argued In favor OF having the
President Vice President elected by direct vote
OF the people, and had read the cunstitut tona amend
proposed by the Committee on Privileges and
Elections 10 that effect two years ago.
Mr.. EpMUNps, in reply 10 question from Mr.. Merri-
mon, SAID that all the members oil the Committee on
the Judiciary were o the opinion that 1t would be bot
Ter TO have the electors vote rsrd roce than hy ballot
as the action OF the chosen agents Of The people should
be pubic, all might know whether such agent iul
nlod the trust cornded TO him or bcirayedit
Mr. MERiIaoN gave notice OF an amendment which
he would oner TO make any justice OF the Supreme
Court ineligible To appointment 10 any Office under tho
unilcd States and also ineligible be elected prcs
dent or Vice President uuiii the expiration OF four
years next alter he shall have ceased 10 be such JUS
ticc.
Ordered TO be printed
The matter was further discussed by Messra FIRE.
hnshuysen. Merrlmon, Edmnnds and Morton.
Pcnung The discussion MT MORTON submitted rcSo-
luton liking the per OF witnesses summoned
appear before the senate any OF It's committees
81, and mileage at so cents per mic each way. Re-
ierred 20 the Committee on Contingent Expenses. He
also submitted aresouon TO transicr So 900 from the
contingent fund of the Senate TO the OF the Com
aitlce Privileges and Elections TO be returned
when the appropriation shall be made to dcfray the
peusesoi that committee. Agreed 10.
The CHAIR announced Mr. 0glesoy as member Of
the Committee on Privileges and Elections in place of
Mr.. Boutwell,, excused.
The Senate then, vt a quarter of four O'CLOCK went
into executive session. and when tho doors were
opened adjourned