Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1877-01-26

members of the tribunal, 50 the committee
thought to take four of them from various
parts Of the republic would be best. Then
ihere was the odd number, and TO guard
against prejudice in the minds Of these TO-.
600, 900 peoT le of the country, the committed
said these four should choose hlh from
among their associates. The bill also pro-
vided that the Oldest judge should be Pros
ident of the tribunal, which would be the
venerable Judge Clifford.
Mr. Edmunds then referred 10 the oath
prescribed for members of the tribunal,
which he read, and SAID hat whom that
oath should be taken there would be no
more parlsauship, no more enemies, no
more friends buithe solemn judgment oil Ito
Judge. That obligation when taken would
dismiss from tue minds of Senators and
Representatives every consideration which
clouded their intellect or warped their
Judgment. He then spoke of the duties OF
the tribunal, and said 1t was TO decide upon
what had taken place and not what should
take place. Ii there was any value in our
civil institutions, this was last and final
hope. There was nothing short of the
Almighty which furnished more Just text
of human rights than this bill.
He argued that the hill held aloft the
scales Of justice IL gave nothing TO either
side. 1t provided that the tribunal might,
in determining how many and what per-
sons were duly appointed electors in a
clutet Nuht lutb view lltlltluuSs ubIpslllOuS
and other papers as shall by the COnsilu-
ton and now existing law be competent
and pertinent in such n consideration. The
tribunal must decide according to existing
law. The right of A or to this great
Office must he determined by the law as 1t
stood on the first Wednesday in December,
when the electoral votes were cast in the
several States. All this hill did was 10 pre-
scribe method to ascertain what was the
| law and the fact ut that time.
1t has been said that this tribunal might
90 behind the returns from u State. If the
two houses of Congress have power 10 do
that thing the tribunal would also have
such power; but If the two houses of Con-
| gress had no right to overhaul the action OF
sovereign State, then this tribunal would
| have no such rights. He cuutended that
nothing could he more fair than leaving the
| disputed questions held TO impair or effect
| any right now existing under the COustitu-
| ton and laws 10 question by proceedings
| in the Judicial courts of the United Staies
the right or title Of the person who shall be
| declared elected or who shall claim TO be
| President or Vice President Of the United
States.
i any such night exists (snd the com.
| mittee endeavored to be SO careful that the
right Of no man should be injured) ii pro-
vdes that alter all this had been gone
| through with and il bad been declared that
| a or b was President of the United States,
| the other candidate might under the Con-
| slitution and laws test the question wheth
| err the President was the true or false one.
| His right TO do so should not he prejudiced
| by the reference TO such a tribunal. If they
| should be LETT TO the two houses of Con-
gress, as was proposed in the bill which
| passed the Senate at the last session, the re-
| suit would he TO leave them with large
bodies of men who would go with tie swift
current of warm debate and warm feeling.
| This bill made no law; it only created a
commission 10 decide upon the old law.
| The next question was whether this bill
was warranted by the Constitution of the
| United States. 1t had been contended by
| some gentlemen that the Constitution COM
United the right of deciding who should be
| President OF the United States 10 one or
| more persons or bodies. If that was true
| it was fatal TO this bill. He had no doubt
| that all Senators could say if the Constitu.
| ton did repose the power OF deciding who
| should he President in the President of the
| Senate, that they would not desire better
| judge than tue present occupant of the
chair MI. Ferry, but ii The Constitution
| had NOT repOsed that power in the President
| of the Senate, no matter how learned and
| just the occupant Of the chair might he, II
would he an invasion on the rights of con-
stitutlonal government to declare he had
| such power.
The Constitution carefully enumerated
| every power of the judicial and executive
| authorities of the Government. If the
| trainers Of ii designed 10 confer such power
| upon the President of the Senate how I'M
| fortunate it was that they did not say 50,
which might have been done by two words.
| 1t staggered human credulhv to believe
| that if the trainers of the Constitution had
| thus designed To turn the President of the
| Senate into judge in the most critical case
which could beiall Il republic they should
| not have said so. If the power 10 open n
| certificate from a State implied the power
| TO decide upon its contents when opened
then the President OF the Senate had the
| power TO declare who was President but
| he (Mr. Edmuuds) denied that the power
to 90 one thing implied power 10 do anoth-
| err.
He argued that the right to decide who
was President did not rest with the Presi-
| dent Of the Senate, neither did ii rest with
| Congress exclusively until law should be
passed 10 that effect.
He denied emphalcally that the Presi-
| dent Of the Senate had always opened and
| counted The electoral votes, and said that
for the first forty years Of the Government
| there never was an Instance where the
electoral certificate was drawn into question.
The bill did not take from the President of
| the Senate or from the House of Represeu-
| tatives any power which tue Constitution
had vested in them, aud there iore was not
| unconstitutional.
In conclusion he said he hoped the Sem
ators would carefully consider whether ii
was wise by stimulating doubts in their
| own minds 10 send this Republic, like the
mountains which the poet spoke Of tum-
bling in sea without shore, or whether
in the fair coulss of equal law the dispute
should be justly settled.
Senator Morton made a brief speech in
the Senate Monday in opposition to the
compromise measure. He classed the bill
with the compromises of 1920 and of 1850.
He believed that Hayes has been elected
and that he should be co luted ia without
violence or revolution. lie was not an ad-
vocate of State sovereignty, but was of
State rights. The Constitution gives the
States the right 10 determine who have
been appointed electors. Congress, if it
absorbs this right, becomes a grand return
Ing board, which will destroy the purity Of
Presidential elections. Senator Morton
was very incisive in his comments on the
judicial portion of the commission, which
be denounced as continuance, a PATCHED
up thing. We have never had tribunals
thus composed. Congress could not even
delegate its powers to a committee of its
own members. The Senator expressed his
belief that no further legislation is neces-
sary that only one Thing is to be done, and
that is 10 count the votes. II is the duty of
the Senate TO open the certificates, and it is
the duty of Congl ess TO count the votes
therein, No matter who those votes may
be ior-an alien, man under So years of
age or man otherwise disqualified. 1t is
their duty TO count the votes. Senator
Frelinghuysen replied, lavoring the meas
ure, and general debate ensued.