The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-01-21
TIE DISPUTED ELECTION.
noyGRESs DISCUSSING THE PLAN
OF SETTL MENT.
M, rJmunds Opening the Debate In the
senate Di-posiua OF the Claim that tho
p,,sidrut Of the Srnnte hns tho Power
. C,unt the Votes Mr.. Wiiiis's speech.

prrsidcut of the Scnnte ms the ROVER
60 Count the Votes Mr.. Wiiiis's speech.
w,su,NcroN, Jan. 2o.-At the expiration
q, the morning hour to-day, on motion of Mr.
pdmupds tllcp VIZ, tho Senate took up the
htl to troyide for and rosulate the counting on
m. yotes Tor President and Vice-President. MIR.
Rdnunds said that, as fitting beginning to the
sonsider,tion OF this Ill, he would have read
Ar. ,wefth article OF the Constitution OF tho
fynited states, which the bill proposed to cx-
scute.
Tha, Article having been read, Mr.. Edmunds
s.,d tina. under this ar;i lie OF the Constitution
,om. e,sbt or ten millions Of citizens Of the
frnl,ed st,tcs, authorized by the laws to select
, chief Magistrate In the way prescribed In this
Article. had endeayored to discharge that duty.
tbey had expressed their preference, and tho
,on,est vas So close that 1t became q matter OF
v,rtous di. .pute between nve million people on
one side nd i've million people on the other AS
" which Of their candidates bad been elected.
consrc-s was now brought face TO face with the
question ~ TO what means were left Tor de-
sadng this dispute. A large part OF the
people IN either side believed their candi-
e,te 10 h4 we been honestly elected, and II kept
cut Of otlce great constitutional wrong
could he perpetrated. IL there was any
dutv greater than another devolving upon
Congress. It was that OF providing some
means by which, no matter what the result
might tie. all men might say tho due course
Of law had been taken. 1t had appeared To the
sommitiee charged with the onerous and un-
plessant duty Of framing this hill that, II the
Constitution authorized them to lay down aline
Of procedure which should lead to any result
throueh the calm. orderly administration OF
law, It would be benenceut act for the repub-
uo. On the contrary. " Congress should fail to
90 this. our posterity. under this or some other
form of government would feel that this
CoDeress had failed In performing great
duty. lie then referred to the la0Ors of the
committee, and said that opposing political
opinions. opposing political education and PR
tissD feeling had subsidized ON both sides, and
lhe me sure upon which they solemny united
10 reporting they recommended to the consider
alton II the Senate.
Hethen explained the provisions OF the bill at
length and IN regard to tho 1rst section said his
own Individual opinion was that where one re-
turn only had been received from state, and IL
vss objected to, It should be referred to the
tribunal org inized by the bin, instead Of requir-
ing the iiirm ltive vote II the two Hous' 10 re-
feet 1t. He then referred to the tribunal organ
ucd by he bill, and said II would be called upon
W determine which Of two conflicting cerlia-
sates coming from n Stlte was IN conform
NJ with the Constitution. and which the
voice Of the people expressed In the
manner prescribed by the Constitution. lie
said the committee thought II beat that the tri-
buDal should consist OF ntteen memberS-nNe
Ienators. 1ve Representatives, and Ave Judges
u the supreme Court-sn as to have II rse
Snough t. have every possible opinion and view
represented, and at the same time leave u 50
limited in numbers that II could be capable OF
prompt action. lhe Suprcme Court Judges, lie
laid, had all made the Con n-titution study. and
oil Of them we're equal In that respect. II was "A
1elicate question To select those who should oe
members OF the tribunal, 50 the comml.tee
thought that to take four Of them from various
parts OF the republic would be Just. Then
Bhere was the odd number. and to gu rd against
prejudice In the min1s of these ten millions OF
people Of the country, the committee said these
four should choose the hfth from among their
associates lie had never observed any criti-
esm Of the absolute fairness OF tins plan, pro-
vdsd they could get over the constitutional
bbjectons to II which these newspaper writers
anu politicians had disc 1vered, and with watch
they were no DOUBT famiiar. The Dill also pro-
vided that the oldest Judge should be President
Of the tribunal which would be the yeritable
Judge CInOrd.
Mr.. Eumunds then referred to the oath pre-
tcHbed for members Of tne tribunal, which ne
read, anu SAID when til oath should be taken
there would be no more partisanship. no u ore
bnemies no more frencs, uut the solemn Judg-
pent Of the Judge. That obligation, wnen
taken, would dismiss from tue minds OF SEN
AtoGs ana Representative every considerati IA
rhch clolded their inie!lee!s or warped their
Judgment.
He then spoke OF the duties of the tribunal,
ana SAID Il was TO decide upon what had taken
place, ard not what should take place. II there
the Lost ma hnal hope. There was nothing sAoft
Of the works OF the Almighty which furnished a
more just text Of human sot than this OIL. lie
nsuel mat the ON held sluft the scales Of JUS
tee. II gave nothing Oh either side; II provided
That the tribunal might, IN Determining now
many ana what peisons were duly appointed
electors IN d state, take into view petitions,
oepositinn-, and other papers, II any. as snail
by the c. Institution ana now existing law be
n.
The truunal must deciue according to existing
law. rms would be > 5 range reuuulic II Afttr
according to Que law, the candidates OF one
party had been elected. Congress should make
another law winch would eject TIE candidate #
great oihcs must be de eriuiLed Toy the law S II
stood Oh the first we'd e-day IN December,
wneu the electoral vote wts cast IN tho several
States. All tins bill DID was TO pre- ii a
methu and ascertain what the law ana the
fact az that time. IL mad been sad that tni, ul-
buDal might 20 behind tue returns from state.
III The two Houses Of Congress uhd power t. do
that thins. the tnbunal would also have such
powell bDt II The Two Houses Of Congress b at no
risht 10 overhaul the action ~ sovereign state,
then TN TRIBUNAL would have nO such ilghts.
lie 'hen read the Gu section Of tue bili, pro-
WONG thit nothing In the act shall be heid to
Impair O AFFECT any rgnt now exsuug under
the Constitution and Laws u question, ny pro-
cerdlhe- III the Judtclll cOuIts Of the Uniied
eiatrs. tne risnt or title VI the person who shall
be deoat elected, Or wno shall claim 10 DO
elscted, President or Ncc-rIesideut Of the
Nni"u states III any -ncu fight exists and, re-
,luiu-, -i'd tue commit iee enoeAvOred ~ be
a. calel4i That the ughl Il no man sho.ll be
iul.r tLAt II provides that alter all tuis huq
b"eu gone through wllh, ana II hau Ueeu do
ciafud lnat A. or B was President Of the Inited
plhlc~, iu3 Otner Canutuat6 might, under the
Cohstli. iun and laws. l. u the question whether
su. fi"-iitu ut was tue ir4e u false one. IA :
rshl 10 l9 80 should not he pIejudlced by tho
pasoasr oi t.ls uill.
ms irXt question was whether this biz was
rhftantei by the COn=utuuun OF the United
elates. II had been cOntonded by sOMe gentle
men thnf tue Constitution committed tue li.ht
oi dro.eiug WAC should bs President ~ the
thl'el : ates TO one Cr more persons OF bodies.
IL IA Wis true II wa- latdl 10 this bill. He nad
no lnu't That all tne senator, could saY, IL the
Nou-u 'lunn DAD repOse the pONer of drclCiug
VII -i $780,. ue President ia tue President II the
sslate, that tuey would not desire better judge
yuan the pirsent occupant of the char (nr.
frrYi iut II the Cou-tlt non had not ielo-td
mat power ~ tue President OF the Senate. no
Ne 'reir tut-nt oe, II WOdi to an inNasiJa Il
c re ue hd such power. lhe Cons'itun q
GiIriuiF ruuWsrated every power of the JI-
utelA au executive authorities OF the Govern
h-hi. n .Ae fTau.ers ~ de-isnrG to confer
sueh I. Ner upon the President Oi the senate,
now Nliul tguate II was tnat they did not -AY
sp wi might have been done by two wuids.
~ 7lA srted numan creduliY TO belisVe tLat u
the llAl.tis Of the Constitution mad thu, de-
ei-hsI tp turn the Pic. idrnt Of the senate
mo ldge In the most Criich case Whrh
sYNld h~l ia the republic, they should not nave
san 80 II ihe power u o, en certificate from