The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-01-24

court 10 decide case already made tlr
and there were provisions in il incompat
ible with the constitution. Such laV
as this
WAS AN EVIL EXAMPLE,
and II could not be sustained under th,
Constitution. The questions heretofore
discussed had been, first, shall the Presi
dent Of the Senate count; second, cal
either house admit or exclude vote
third, can both houses, cOncurring, do so
fourth, can the Vice President decide |
the two houses disagree.
The bill presented other questions
which were Of more grave and seriou
character. First, that The President oi
the Senate had nothing to do but preside
and open the votes. Second, one house O.
Congress- can not reject vote. Third
the two houses by a Concurring vote may
do so, and, fourth, it provided for grand
commission the decision OF which musi
be final, unless overruled by concur.
ring vote Of the two houses.
lie then argued that the
BILL WAS UNCONSTITUTIONAL,
and he particularly opposed the clause
providing for the selection OF five Judges
Of the Supreme Court as members Of The
commission. lie also opposed the bill
because It undertook to delegate powers
conferred upon Congress to u commits.
sion. 1t was an axiom OF law that legis-
lative powers could not be delegated. He
read from various legal authorities and
argued the bill was intended to apply tC
n case passed, ended and concluded, which
was clearly unconstitutional. II the
powers 10 make laws could not be delega.
ted, how could Congress delegate the pow
er which controlled the vote Of States 10 q
PACKED TRIBUNAL.
Another feature Of the bill which viola
ted the spirit Of the Constitution was
that authorizing the appointment of q
committee OF five members Of each House
as members Of a commission, not to take
depositions and report as other commits
siOns, but to go beyond the control OF the
two Houses after being organized. The
Constitution provided that no member Of
either House shall hold an office created
while he held seat in Congress. Mr.
Sherman then spoke OF the powers and
duties OF the commission authorized by
the bill, and asked il it was to take the
returns As certified by State officers. II
so, everybody knew who would be Presi-
dent; but il this commission was allowed
to 70 back of the returns
GOD ONLY KNOWS
what the result would be. 1t would de.
pend entirely upon lot, the chance which
selected the fifth Judge Of the Supreme
Court, who would be the fifteenth mem-
Der OF the commission.
Mr.. Thurman said this bill sent to the
commission, all questions Of law as
well as Of fact how the commission
would decide, no one could tell.
Mr.. Sherman-No sir, that depends
upon chance. Continuing his argu.
ment, he said the bill substituted chance
for the votes Of the electors give accord
ing TO law, the right TO j
college OF cardinals a secret con-
clave, to elect a President. Why moi
count the electoral vote Just as it has
been counted twenty-five times
during the history Of the Gov
ernment. 1t was known by the
Select Committee that in one House
one party was in power and in the other
the other political party had control. The
committee knew that in the Senate three
members Of the majority and two OF the
minority would be appointed members oI
the commission, and in the House oi
Representatives tile same rule would be
followed. Thus the members ofthe com.
mission, representing each House Of Con.
gress, would neutralize each other. He
did not say that members OF the com.
mission might not rise above party
prejudices and decide matters according
to law. The other five members OF the
commission were to be Judges OF the Su.
preme Court. Ho Denied that the four
judges designated by the bill were select.
ed on account Of geographical location,
II that was the case It was strange that
all OF that vast region lying between the
Allegheny mountains and Mississippi
river had been excluded from the com
mission, and he argued that the four
judges were selected ..
on ACCOUNT OF THEIR POLITICAL opIN.
IONS,
two representing either party. The 9th
Judge and the fifteenth member OF the
commission was to be decided by chance,
1t was virtually deciding by chance who
would be President OF the United States.
Why was the Chief Justice excluded? He
(Sherman) did not like that. II he was
to choose between the bill and war, he
would accept the bill; but he did not be.
lieve there was danger. The right OF the
commission authorized by this bill was
not authorized under the judicial power
OF the Constitution. 1t was to be a politi.
cal court, and was not authorized by the
Constitution at all. He thought the bill
was traceable to his friend, the Senator
from Vermont (Edmunds), because in a
debate year ago he shadowed the very
propositions Of this bill. Mr.. Sherman
denied that the members OF the Supreme
Court also were officers Of the Govern.
ment and could thus be called upon to
Gil other offices as this bill proposed.
The practice had been in such cases for
the President 10 nominate such officers
and the Senate TO confirm them. II one
Of these officers is designated to perform
the duties OF another he must be contirm-
ed by the Senate. He argued that the
Senate had delegated all its power TO It's
committee OF five, and the House did the
same, and the power could not be with.
drawn. 1t was hardly possible that this
power would be abused, but il It should
be Congress would be compelled to stand
by helpless.
He reargued that the President Of the
Senate had the power 10 open and count
the electoral vote, and this bill was an
attempt to change the simple habits OF
our forefathers which were adhered to
until 1865, when Congress without con-
sideration and without debate adopted
the 22d JOINT Ruld, but had now got rid
OF it. .I
Suppose the Judges Of the Supreme
Court should refuse 10 perform the duties
imposed on them by this bill. Congress
could not compel them to do 30. 1t was
simply imposing on these judges trou-
blesome and painful matter without de-
lining their power, II the Judges should
decline to act, the scheme would be at an
end.
When the count Rhoull orcur and the