New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-22

ton that some one had majority all the electors
pointed Taking that for granted ana te Snps' ali 70
be- should be those that provided that the dspnie touc
Wsdsosay in pSeenber Should be decided by the
was on the Grst Wednesday In December; anu ~ by
and OF course it is the same now as say "now exist
ing law the candidate of one party his rights e'suru
by that law entitled to the Office, he ought to haze IT,
AN OUTRAGE on FREE GOVERNMENT
This would be strange republic of law indeed II AFTER
according to one law the candidate of party had
been elected the Congress OF the United States or any
body else should make new law by force OF which the
candidate of other party got elected Or course IL
would be outrage upon the principles OF goyernment
than frcewe felt 1t TO De bounden duty that no rght
should affected in respect Of the candidates OF either
the right Of or To this great office must no deter
mined by tine law as stands on the date OF tho passage
this All that designed this act Ia DO ana AL
that IL does do is 10 provide merely the metiod ny reg
uar stops of lawful procedure OF ascertanng what tho
her, 1876. IL has been said by some that TINS colps
sS co es G S Them NAV GO behind the returns
as the common phrase is. Wei, II the tive houses now
possess the constitutional power 10 do that thing as they
also possessed II on the rst Wednesday in December
aud we have only changed tic method in INC nrsl IN
non OF t6c 'n United states on the irs Wednes
day in December and now have no constitutional rght
to overhaul the action of sovereign state IN It's serc
ton under the Constitution Of its eecore then this com
mission has tight TO 90 it. Now what are we 10 do
pass npSn dispute, have the right 10 90 oihc bottom
to Disregard the action OF state authorities TO say that
they exceeded their jurisdiction, acting Within
it, that they nave not rightly and purely exercised IT,
Others say exactly the reverse and That IL would DO lar
greater injury 10 the Republic that Congress should as
the power OF overauiins the action OF inc states
than it would have that once or twice or dozen tcs
by e unjust action authorities OF some state one
President rather than another should be elected S1eah
framed TO meet ITS particular views, the ono
side TO have 1t say IN explicit Terms: a. 10, non
the act gives TO you 20 30 down aud inquire.
The other would be glad to have 1t say in explicit terms
fore you authorized any to down and inquire or
not" What could we dol We could do that Jnst that
simple thing thought that have done. and that Is
say that this Presidential election must he stci ana
settled only upon the Constitution and the principles vi
law they existed when IL took Place
The CONSTITUTIONAL VOTE OF STATE
Who is TO decide what they when il took placer
Exactly the tribunal that must decide everything in the
end; whatever tribunal the Constitution and The law
constitute for the purpose of such decision This law
constitutes tribunal decide that very thing, amolg
others In other words it is commanded to decide what
is the constitutional vote OF stat ana IN GoT INA,
may take into view any evidence OF any kinh lhat tr
Constitution and the law rs IT is now makes appropriate
thai subject, and not any other. Can awning DC
more Just than that WOuld It not be departure from
do any hing elsel There we leave III 1t must be eiI
somewhere, and it can be LETT nowhere under tne orI
nary principles government except in the court II
may call II Gour fer the purposes OF THIS Illustration,
that bound 81 in the cnISe II y3I are 10 c lave than ,o
year ago did without any limitation Whatever,
with wide q Jurisdiction az, 1t was possible 10
bodies of men, and VIC ali know that just
in proportion You have large bodies OF men yOn t1e
personal individual responsibility 81 decide ac-
act with the swift current warm debate and warm
feeling and commit the right OF these pertOhs III ths
thai is much less likely to be governed by principles
constitutional law nan IL Is 10y the feeling ana inich-
sity of party wishes and party Das. IhtD.wc require
That the decision made by this commission thus under
special oath to follow the Constitution and the law ara
nothing else and fn,decding these rights 10 follow me
law as is n6w for the bill gives them no new law, II
only creates them TO decide upon the odnher de,1on
shall reported the hOusrs in writing ana thdt
judgment of theirs shall stand, unless the Two houses.
acting under the authority OF inns act, s4ad soh'c
need not refer Mr. President TO the further details 81 The
bill touching the presidency of the joint nectng nor t
acrimonious part OF the aiiar aooHt deoa'e' ana
50 oil.
NO EXISTING RIGHTS IMPAIRED.
There is this other provision in il however, that
ought to call attention tCtbat nothing in this act shall
be led to impair affect any right now existing under
the Constitution and laws to question: ny proceeding IN
the judicial courts of the United states the right or title
of the person vino shall he decla elected or who shall
cam 10 De rieSrMt or W. Svn,cd r. he 80 care
fu 10 niurc mans rights under the Constitution even
III the courts OF law alterWaIy' ny any qecl'to1 1nAt
pi-h be made pursuant 10 this bill OF Who Is IftS!-
a., provide, with the universal assent OF All inc
fcnGneh az 5 n@'f fToT o. m and we lave fonn
VINO apparently anu s lar as or oNcA'!te VT ,'i.
the Uni cd States ii there be now under me Cons'
tuhoI anH the laws tie night OF true president 10 que
ton the title Of untrue false one, mat ght
sall sin exist unpreiacea by aoy ggnence mat osht
he drawn from The passage OF ms biiI an tlc ae'oH
under il. That. sir, is what the committee propose
TIE BILL CONSTITUTIONAL
The next question sand bad not intended to take 50
much Of your time in the opening explanation Of this
matttr-whetAcr this bill is warranted by The COnstn-
ton OF the United States. II thc Constitution OF the
United States authorizes any legislation al an il order 20
guide or regulate the asccr;anmcnt OF what is the con
Slituti0al vote If state then take II nobody VII
dcy prouaby. that this BAH is Constitutional 81. H. rs
ha~Scen contonied ~ some een,lr%rn tbg constitution
has committed The rigid OF deciding who IS u DC inc
President OF the United STATES in the fact thai il has
committed The right OF deciding what IS the cO1st'iu
tiona vote %: State TO some one Or more por'ons or
bodies then it l. said tnat TN. il withdraws that rigAt
decision person body aul tHcTeby inYades
the Constitution thai 1t IS on lbs lace dessnel TO pro
AID TO execute; thai be ire 10 Is fatal bin II
il be moi true then there j, the why the la"
should provide for course OF I@cecht ard me a-r'f-
tainment of result that the Constitution has not sre-
ciBcaily pointed on The Steps To reach
POWERS OF TIE PRESIDENT OF TIE SENATE
Now shall consider fora few minutes tLc pretcnSOn-
and do not that term to of'nd anybody, bui az
short OnetLe pretenson that this great and most re
sponsibe pOwers deyOvod upon whoever occupies The
chair that YOU have happily and honorjy filed
for so long time. dare say coula all agree M if
the Con ,tLutiOn has TcpI3ed thS deciAg power IN tdt
chair could nOtwish lOr a better judge to IN the
chair Sir, then matter how eminent or how harmed
the gentleman may be who fills IT. no matier how com,
an people Of the United states OF al parties II would
ton government If he 10 exercise it, The Constr
tuition declares Thai the electors OF the several states who
are recognized 40 clearly
and with Just as Great Importance ~ IL does
yours or ours, shall seal up and certify
and transmit TO the seat Of the Government
of the United States, GlTecird 10 the President
the Senate. the certificates Of the votes which have
been given for President" Then it declares that thc
President OF the senate shall in The presence sen
are and HoI.e OF Representatives. open all Je coruh
Gates, and the votes shall thcn be counted You VIII
perceive Mr. President, that il the majors OF this Con-
situUn had designed to reOse III the President OF the
Senate the power decide what vote and 10 de-
termnc lis Dis po-itODas they lad taken pans In every
other part tn Constitution IN the cearcst Language To
say what the senate might and might not do, what It's
powers snOad De ana those Of the House Of Representa-