Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-01-26
THE ELECTORAL BILL.
Senator Edmunds' speech.

Mr. Edmunds began by referring to the
present complications. and the various
claims set forth by members Of the Senate
and House as to their duties and powers in
counting the Electoral vote. lie proceeds
to notice the difficulties under which the
committee labored, and then explains the
provisions of the bill. He said that in
selecting the Justices Of the Supreme Court
for the tribunal, the choice did not at all
turn upon their political affiliations but
they were selected so as to represent every
section OF the countryside East. the West.
the North and the South. What this COM
mission is to decide is not policy-is not q
future. 1t is only to pass upon the ire
yocable past, and to say, as an intellectual
answer to the question under the Constitu-
ton and the law, what has taken place &C
cording to the Constitution. and not what
ought to take place, or what they could have
wished should have taken place. Ii there
be any value lett in the institution Of civil
government under law. this is the last and
final hope that such Institutions can have.
There is no human agency. there IL nothing
short of the overrulipg Providence of the
Almighty that can furnish juster test Of
human rights than this. This commits
sion il to decide what is the constitutional
vote OF State. and in doing that it may
take into view any evidence OF aEy kind
that the Constitution and the Jaw as it is
now make appropriate to that subject. and
not any other Can anything be more just
than that? There we leave it it must be
left somewh here. and it can be lett nowhere
under the Ordinary principles of govern
ment except in the tribunal that is
bound up in the cause. The bill gives
them no new law; 1t only creates them to
decide upon the old-and that judgment of
theirs shall stand unless the TWO Houses,
acting under the authority of this act, shall
separately concur in making another dis
position of the subject. There is this other
provision that nothing in this act shall be
held to impair or affect any right now ex
istIng under the Constitution and laws to
question by proceeding in the Judicial
courts Of the United States, the right or
title of the person who shall DO declared
ele, ted, or who shall claim to be President
or Vice President Of the United States. if
any right exists If the Constitution Of tho
United States authorizes any legislation at
all in order to guide or regulate the ascer-
talnment VI " hat l. the constitutional vote
OF State, then | take it nobody will deny
probably that this bill is constitutional.
But il. rs has been contended, the COnstitu-
ton has committed the light ui deciding
vino is To be the President of tho United
States, in the Tact that 1t has committed
the right of do idIng what il the constitu-
tiunnl vote Of II STATE, to some uue OF more
prrs,,ns or bodies. then it il said that this
bull wuhdraws that night OF decision from
that person or body and thereby invados the
Constitution. II that be true, it is a fatal
bull. Ii 1t be not true, then there il the
more reason why the law should provide
tor course OF proceeding and tho asccr
tainment Of the result that the Constitution
has not specifically pointed out the steps to
reach You have only done In this bill
what, in respect to every other branch OF
the Government and for all time, year by
year, you have been Gaily doing with the
acceptance Of every body. 1t only provides
Tor asccrta:ning, IN lawful and regular
way whst Is the sub leot upon which this
executive function 0i counting the yote.
finding out who has the highest number,
rests.
THE PRESIDENT OF TnE SENATE
Now shall proceed to consider the pre-
tension, that this great and responsible
power is dcyOlyo1 upon whoever occupies
the chair that you have so hOnOrably filled
for 80 long Il time. dare say We could all
agree that il the Constitution has roposed
this deciding power in that chair we could
not wish for . better Judge to fill the place
but il !, has not reposed it in the occupant
Of your chair, sir, then no matter how
eminent or how learned the gentleman may
he " no fills it. it would be an invasion OF
the best rights of constitutional govern
ment il ho were to exercise it. Ii staggers
human credultv that II the makers of the
Constitution had intended to repose such q
decided power in that chair they should not
have said so. But, after all, we must DO