The New York herald., 1877-01-24
Law, Precedent, Reason and the Future
Of Things Against It.
THE SPEECH OF SENATOR SHERMAN.
What Was Said and What
Left Unsaid.
SCENE In THE SENATE CHAMBER.
The Overwhelming Power Of Public Sentiment
Asserting Itself.
DESPERATION OF THE EXTREMISTS.

DESPERATION OF THE EXTREMISTS.
FROM OUR SPECIAL CORRESPONDENT.
WASHINGTON, Jan. %, 1877
CONTINUANCE OF THE DEBATE ON THE ELEc-
ToRAL B1LL.-wHAT SENATOR SHERMAN SAID
AND WHAT HE NEGLECTED TO sAY-MR
COMBINES GREAT sPEEcH-THE PRETENsE
OF THE VICE pnEsIDENT's POWER DISPOSED
The second days debate in the Senate has at least
settled the question Of tho Vice Presidents powers
der the constitution Senator Conkng, seriously III and
evidently suffering, yot vigorously attacked and SO
lrenchantly and thoroughly demolished, from every
possible point Of vew the presence that the Prssden.
d tho Senate intended by tho irancrs OF the
constitution TO count the vote do than open
The certificates, that he counted the vote,
assumed the authority to do so, could under any
possible construction Of the constitution, DO supposed
10 possess the power 10 do II, that is not probable
any ono will have tho hardihood hereafter to revive
this question
Senator Sherman opened the debate, and, like sena-
tors Morton ana Cameron yesterday, shocked at
the proposal TO bring the Supreme Judges into poll
tics. He shocked also at the manner in which tho
judges wore selected and seemed to have known
Of nj arbitration whore two arbitrators were
chosen with leave to choose third themselves. A
considerable part OF Mr.. Sherman's speech
studied insult to the Supreme Judges whom apparently
swpnsy-vs dollar law suit which he was interested
Even Senator Morton looked az though Mr.. Sherman
was OVERRIDING this matter little, for Mr.. Norton
doubtless remembered that no said only last March,
little moro than ten months ago.
II seems to me that II we have got to refer this
question to any body it would be moro satisfactory 10
refer II 10 the Supreme Courtof the United States
aud II you cannot do II IN the character Of the Su
prcme Court, then let your special tribunal be
posed fjudges of that court let them Decide and
decide 1t forthwith.
And again.
II wc have power to gvo any outside tribunal juris
dicticn, we have power to gvo M to tho Supreme
Court and that would bc tho satisfactory tribunal
to which VIC coui refer great question. The poo
pie Of this country would submit with satisfsc
tion to the decision Of that body than they would to
tho decision Of any oneman not how wise or
how great he might be- to any special tribunal that
We might create.
SENATOR sHERMAN's NEGLECT
Mr. Sherman quoted Mr.. Pinckncy out OF an old
debate in support OF his views but he forgot to tell
tho Senate that with the exception Of Messrs Pinck-
nve or six Senators and Representatives, no one in
either house has. the foundaton Of tho govern
ment doubted tho powers OF Congress over the
electoral vote. He neglected tell the Senate that in
the government to the beginning OF this session.
ten men, drunk sober-and one Of them was un.
doubtedy drunk when ho spoke-have asserted that
tho Vice President has the right under any circum.
Stances to count tho vote. Ho neglected also TO
tell the Senate that when, for tho only time
IN 1901 the joint committee appointed usual
certan and ''rcport method of examining the votes
Tor President and vico Presdent failed to agree the
Vice President did not thereupon to count the
vote, but the two houses, Notwithstanding no rule
in their own hands precisely thoy have dono over
SINCE SO that thcre Is prccedont for tho nssump-
ton that, even IN the extrcme case whore tho two
houses fail to agree upon "mcthod OF examining the
vote" the Vice President any power In the mat
ter
SENATOR coxxLrxG's SPEECH.
When Mr.. Sherman closed MI. Conkling rose II
le hat ho has with in IA
relapse OF tho malaral disease from which
he has been severe sufferer since last summer and
tha. was doubtful whether be could muster strength
enough 10 speak. Soon after ho rose, members Of the
other house began to pour into tho Senate Chamber
which was presently crowded, and 30 remained until
he sat down. Most Of the prominent members OF tho
House, OF both parties, present, and with tho
galleries, which rapidly filled up, listened eagerly
and with unnagging interest to tho speaker. Tho
space In the tho circle was so darkcned by nm
stages In hs address. the speaker iurnod nvountarly
toward them as If appealing through them TO what no
called the "patriotic virtuo and tho overwhelming
common sense'' OF tho country. William N. Evarts,
David dudley Field, General sherman, Sena.
tors elect Lamar and Hoar, aud the flower
Of the House Of Representatives were present, and
Senator Thurman took up his position as the right Of
Ne Clerks desk, q selection not only convenient but
especially complimentary to q senator who was nd.
tressng the body. lndisposed as hc evidently was
Mr. Conkling did not lack vigor Hc spoke extern
poraneousiy not having had the strength necessary
Tor careful preparation. aud The few notes which lay