The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-25

pending which awaits the action OF the Senate aud
the question rs whether TO have that method or
NO method or zone other method not suggested. aud
which no time remains 10 devise.
now beg the attention Of the Senate 10 chapter oil
history II begins ia 1900. The constitution WAS then
ton years old The who devised and framed u
that historic tru.h which, at the commencement
OF TINS century. had much to do with tee govern
ment o. me ocountry Many OF them sat IN Congress;
u mol IN 1900 ut the period 10 which In moment
shai refer Among these mon james Madison.
nc has been caliei tho Father OF the Constitution aud
lew years aiirrward became President Of tho United
states The constitution ON its lace had specified i've
Instances IN which the force Of votes could not make
mhp President of the United States i've disabilities
We're Imposed upon the Presidential Office One dis
ao'lnv was affixed 10 possible Presidential electors
That when the constitution WAS launched In
'7S9 IL has been In this debate that the pen OF
man The forecast OF the who drafted this nsru
ment, never reached forward 10 a time when problems
INK ihs or any other problems would come to he solved
ny the President OF the senate or by the two houses
or be the power what IT may which conducts
and determines the Presidential count l ventured
yesterday 10 deny that assertion and repeat the do
NAL In 1896 Presidential election had been held
among Others. Madison and Jefferson, separated by
distance, were IN correspondence and Madison wrote
II was weeks after the time when
Electors had been appointed, because OF tho
allegation that there was vice. use his words,
IN the vote OF Vermont that II those electoral votes
turned out 10 DO valid the election would DO way,
aud olherwlseit might be the olher What was tho
vice alleged vice the vote of Vermont?
one OF the Senators from Vermont here und speaking
from general recoiicc'ion gladly speak subject to
ms correction Thc state OF Vermont was living
some time before No STATUTE had AD' BEEN
passed directing tho mode IN which electors
should DO chosen and tho constitution OF the United
States ordained that they should DO appointed by the
States the mode directed by tho Legislature The
Legislature OF Vermont IN tho absence OF u statute,
proceeded 10 chuoso and uppoin. electors That was
Tho customary ode observed then Ibel,eve In every
State except IN tho two IN which the Governor
alone appointed. Argument arose on tho one side II
said:
which these rre.dentIa electors should BIO appointed
There Is no statute and the Legislature cannot speak save
On tho other hand It was said:--
When the Legislature proceeds itself choose electors
soss y "o ,ss The Does y no. .sy by action
sss rc Ana a was OF nv doubt .ha hat a."
thr 9TH OF December, 1885, wrote TO Thomas Jefferson
LETTER FROM MIR MADISON
cannot entirely rem"ye the ancertainy In which my
Which little has Of late bee sad Should some fatal
vice ~ it Mr. Adams be considered tao President.
Two weeks atcrward on tho Sth Of January 1907 he
wrtcs:-
II the Vernon. votes be valid. as generally sup
ro;sa mr. Asm, viii have aud you es finckney being
Mr. President, tho date of these letters COOS back
almost " tho very time when the constitution first
spoke | might cite other laos. The arrival OF petit
tons from Now England charging wrong In the up
pointmcnt or choice OF electors, and not alone
petitions to show that Immediately alter tho adoption
OF the constitution. and as insist by reason OF what
appears on It's lace before that adoption It's authors
had IN mind and clearly that questions would
concurring the power OF deciding aud judging in de-
termining tho Presidential election
f CONcLusivE EVIDENCE
But coming to tho year 1900 hold up tho conclusive
evidence that many mon Of both houses vi Congress
aud the leaders thought in the country BESIDE had
their attention rveted upon how should DO managed
Just such questions as are some OF those awaiting
luton On the I'D OF January, 1900, early
IN the year Mr. .,, Ross IN the no Senate moved
any and what provision should DO made
touching disputed elections" quote tho language
eraliydisputed elections Of President and Vice Pres
ident OF the Uned States" 1t the l4th OF February
before report made II the 18th of March before
the bill reported final upon, and the inter-
val dotted and studded the skeleton record which
has come down To us with the days and the
ON as then the inc
extended on this bill their most careful
aud urgent dcibcra'on. In the House, tho debate
was led and the oil was amended by John Marshall,
one year before he took his place that high judg
mcnt scat, whence Immediately he began 10 n all
lion and here lest forgot H. take up some Of the
words OF John Marshall The bill had passed tho
Senate In the form Will read IL awaited iavor
ablc action OF tho House, which received. Its title
rcad "a bill prescribing the mode OF deciding disputed
elections Tor President and Vice President" The bli
having been read and the FIRST section being under
consideration Mr. Marshall, after speaking OF the
Importance OF the subject before tho committee Ut
In the Committee oil Tue Whole House,, and the
cessty-I beseech Senators, to oDscrvothis-'an the
necessity oil some salutary mode being adopted Tor this
objcctthat Os TO tsetts disputed elections OF Pres-
and Vice en--expressed MS doubts OF tho
propricty OF two points irst section OF the bill
TO wii-lrs, that the senate were 10 name the char
man OF the grand committee anu, second, thuL tho
opinion vi this grand committee was 10 be final he
therefore, moved 10 strike out of tho section
so much rs related ~ those principles and read
what he wished to be introduced as a substitute
erect brute orce partisan Zeal upon tho ruins OF the
law. Charles Pinckncy SAID II for the States
appoint electors. Tho electors were to speak, and
with confidence, which u prolonged existence would
any State Viii ever make an der an recor or
sti,ution iorb,dsg If 1 were to say that he
argued that the whole thing must be left 10 the taes,
should overstato IT, The argument that II had bet.
ter be- that It was not worth while TO be pragmatic,
not anticipate difficulties problems, but trust TO
promise OF noble by and by, that all the
States observing the CONSTITUTION knowing would
sneak and act according TO 1t, aud thut 10 such aurs
ton would ever vex the nations ear or come into he
halls OF Congress Tor any body TO decide Al the cnd
OF the argument OF Mr.. Pinckney the Scna.e passed
the committee, IT PROVIDED that of the committeethe
grand committee, as It was calcdto be created by tho
bill, the Chiel Justice should be president
DRAWING LOT.
The honorable Senator from OHIO mt Shcrmun) was
no moro nor less than right yesterday when he SAID
that featura stricken the bill and ask the
special attention OF tho Senator IRON California (r
Sarpcnt), among others, to the act IN which II was
stricken from the bill in lieu VI the provision that the
Wee President should be chairman Vi The grand CON-
mitt,c was inserted this provisioD:-
u shall be She any Of the Senate aud House of Repre-
sentaivcs oil tho United States draw by lot each house
six members thereof
Will not read tho whole of this provision. BY lot
these members were TO be drawn; three were 10 DO
sccctcd from these and Ui that Of this diution
OF u dilution president OF the committee be
found There are other provisions OF TINS bill which
beg attention. VIII venture to hand TO the reporter
the bill, ms should like TO have passages inserted IN
the report more AT large Than shall read. The title Of
tho bill have Indicated
bill prescribing the mode OF deciding disputed elections
OF President and Wee President OF the United states.
section pr 'vded for the constitution of committee
b. known as grand committee and ask
seve the mower 10 be committed to themand shall have
power to examine and hnaly to decide ali disputes
- tie election Of President and Vice President OF the
States provided always tha person snli be deemed
caaic OF serving ON this committee who is
III hest candidates VI kin to any Of the five highest
didatcs.
Mr. President before calling attention to this bill
call attention TO something said yesterday by the hon.
orable senator from ONE, whom mss from his scat
at Is moment lie SAID that Mr.. rincKncy, meaning
thereby Charles Pinckncy senator at that tIinc
answered the argument ado favor Of this bill We're
tho honorable Senator here would appeal to INN TO
know whether he intended TO nrprsc Senate that