, 1877-01-13


ont tho Affirmative actton Of both f1oufcs.
There ia still nnotllcr: that tho House
termite tic Prc.l,ientiai connt, wlcI. would tc
most original t1I@rorerY II 1t were not the most
,sniauc nrcntinn in american .pol!!tcf. The sec
nrHl anil third theories wnuld still leave undo.
tcru,snctl the vDtes nf States which hare sent
tfonhic returns, and tow tnany yt'tcs State IS
entitled 70 that hns selected Ineligible Electors.
The resolution cont:snp1ate* tlIat all tiesc ques-
th,ns thall
ArpkaA M nEconp A. rrihr ~ rosaIBLE,
ntl authnrlxcs the tribunal appointed, II IL le
deemed essential IL the final dissemination of
either. to take cognIzatnc of gil farts Of which
suggested that Justices of the Supreme Court
wntI mt exercise the power ct'ntcrrci sif. II
IN tIita cxlgchcY the Congress Of III: tnt.J
States believes It to t,c necessary, ti1cy cannot
do not .lesITc 10 1Iscsiss the legal qslcstions
fnyulycd III this controversy further than IL
nctestary tn hrcf expression nf m! own orin-
lon. The ea!clum light If reason and fnvc.tiEa-
Constitution In relation 10 counting Electoral
votes. to ascertain iu whpm authority Is vested
to determine the validity Of vo'es, AMI nothing
hns been discovered becansc nnthlng Is there.
wor'l "rpant,n they meant simply the act ol
enumeration. There VIA nothing judicial about
It, 1t Wis rather clerical than Inlnlhtcr3a'. II
was
- 4LtStIVH HE A11Itt't*
which ons Intelligent pacc tt,ut t,arc cperfo7mci
| nj well ut ElcIi,l Or Sir Isnac Newton; NJ we'll
a> Mansfield Or Marshall. The decision as to
the validity of votes aud e11nttng thetu atc acts
mechanical Impression Of shc seal:
y TINT view the Iesolution 9f
r:.sn Snss u s s Fss ses.s coas;ii &c @
yotes " has no eTgniicancc On ths question.
WIrn lllc Constitution MAS formed tie States
were organ1zetl Governmcnts, tuliy equipped
and In sueee:ssal operation, while the Govern.
anticipated that By any dcfcct Of State Gov
erMcnt "r Administration the question which
| VIC confront would ever arise. and tt was mt
provided f0r.. .Pcrlaps II It had been anticl.
patet It could nut have becn provided for
In express terms without ~ exciting the
Jealousy of States as 10 ctabarratt tIc adoption
| Of the Constitution, In tho early debates In
Congress We find many arguments a9aisst tlc
authority Of Congress tu felrct tho rotcs Of .
State; nonc, Think against the authority Of tito
President Of the Senate, fur the proposition that
| he could rctert them vas
EEvEE ENTERTAINED OF CosetDEHEp.
Regarding this question tn tue Hight OF
precedent and experience, recalling the facts of
history. States in rebellion, thrlr Governments
Tie orgnntzc.l nlachtnery Of revolution, fassing
through NIL the phases q clsil %af and recon
structton, thu proposition tint the power to
determine their relation to the ucurral
Government IL vested absolutely In the
President of the scnatc, In the absenee of
peo propositon had feen Ci;d snCtni,tc;d to tho Con:
yentton tha, framed tho Constitution, It woultl
hare been ecrious'y conti'lereat u my judy
ncnt this rs,wes Is neither ntntfterial nus judi
ctal, but political and, ~ III" absence nf express
proylssn, is vested IN the Congress o1 thu Init
! ed stntcs.
vldcs that the dccIsun nt the Justlccs si'All be
| adopted BY Congress. Their decision could not
be enforced by any sulHttoa k1lo,st! to thc law,
hut Is an apucAl t1 honor and gaul faith In tue
Interest Of peace and gool government.
Upon the other questions shall only ernrcss
the t,pillon that tue certificate at returns, wtcu
rrgular upo, It's facr, makrs pr|fnn tneie case,
With It reuIfcs tho Affirmative action Of both
Houses to orcrrnle, and that wllct there ase
double returns tho nri.na tat!c Ease Is With that
Ut the Government dc facto.
llold these opinions With profound respect
for these who dt!Eer, aud shall bc glal to sup.
ind feasible than that have rentllrcd to sub.
init. Mr. President, in the great problem oi
hMMnn existence, tho important part has been
assigned % thu american people iv solve the
| tlou WA
-NxvER MORE DIFFICULT THAN NOW:
It demands wisdom. and forbearausc which art
nboyc statccratt. Our wkle country, with it
yarsing conditions II !e, could mt fail to pro
blood. We have tho .autagun!sm of races
We have four millions IT inhahitant4
suddenly cunanciIatcd from generations Of scry
ttude, anl cnfranehttcd with the right of citl
zenstp. which 10 other people ha1 ever o.
The passion: Of the Country are scarccly COOLED
from the white hcat Of EVIL wur. THESE are tll'
conditions which In auy otcr aee or country
would inevitably result Ii srpsrntion. or dcs
potic form Ut government. Hut liberty. AIT
union are tho lmme.liate Jewels Ut s,ur Issue
slcarcr than He. Responsibilities nj pnhli'
positions were never more solemn. t'1
personal interest, the interest @! ossr t~s.os.a
advancement, sfr. President and Senators, ol
my public questtnn Is Uncomfortable. Life owc
us tlothng. We have M accs,llnt aEainst fatc
| II the hook we're closed nuw t,.e balance wonlt
,, he against us. Wa tlaye zach, In honor's Gun
sldcrattoE, in all that niukcs life attractive. re
ccvcI moro than VIZ have gtycn,-uorc tl!an VI
deserve. Behind Us is past sanrttted hy th,
dead who hare died for onr country md theirs
Before It's Is tho llllu!tablc possibility u nationa
lonor and usef.!1et:; sroud Us ,,,r ass 4ooM oGs,
Ing. hoping, trusting. They nsk peace. 1t t
for us to give Or refuse.