The Centre reporter. [volume] (Centre Hall, Pa.) 1871-1940, 1877-02-01
THE ELECTORAL BILL.

.aurse that i'm case the committee agreed /
h, Mould hcahlc to vote for their bill /
lie had the highest respect for the mcm- /
,crs ofthe committee, and 10 was lAl" /
al thing for him Io dissent nom the
honest gentlemen whom lac esteemed Pc
Iarhly. hut aIlvra brief examination h' 7
had given the hill he irl, !; 20 hc his
duty to vote agaiustlL
fur rll INCONSISTENT Nut luE ,u\~il.
gJuuN.
lie arsuvl that there were provisions
In the hil totally Incompatible Wiih The
Constitution Of the United States, such
\ LAW as th,s would hc an evil example,
ana Senators should carefully examine
a. see iIit could hr supported 10y the
The only persons Whu
were authorized hy thc Constitution 'v|
witness thr count ui the electoral Vote
we're the President Of the Svuaic, lht
senate and the House Of Represents
liyss Unto this time the luurQ questions
discussed In connection with the count
Iugaf the electoral vote were
First Shall the President ot tlv Sous
ale count thcNo;c'
Second. Can either Ay.-v.awI rToN-
,'udc a Vote
Tnirl. can both ho4-es oauyUrl"s
En#.1
Faar.h can the Vice rry,.Jyu, DC,
.faeff the two houses disagree
The committee had reported hvre a
bal which contained laar pI"gv>i'
tluus
F.rs. THAT .hc President % ,he SEM
-. h.s ,,rhsr, ta do lut 90 preside
-, ~, s.,;,.r ,Tmnitt,r ana uurn the
,,:s+,,.s
SetN~G nu, hnp.e rlnne. reject
...t,
Tl,s,f Tho two houses hy concur
.r,,... 'vaf,, may laSn.
17sr~th irpr,yil,d fora grand COM
......i,,, IN, 8g.sssnu Of which WAS tg bu
fr-l nr,.l oy,rralrl by the cvu,uu.us
.,..f, al th,r "a. hlus,s
.,..,,,..
II VAS known ny '"' S'''''
committee Ih3t IN one "'"'' '.'
political party Was IT, power anu !"
The other the other roiill'" ''i'l
..3a e9n.'e'' nr 1u'.'',,,,1, .,,i',-s IN.
majority and two ofthr minority would
Be appointed members Of the rommls'
sion and i'm the House OF Representa-
.ivts the same rule would bc followed,
thus the members pf the commission
representing each house %! Congress
would nculralizc each other. lie lld not
sav members Of the commission might
not rise above partv prtlilecgluEs and
decide matters according 20 law.
The other i've members Of the COM
mission y,re 10 be Judges uf the Su-
nrrnr Court lie denied th.l the four
Jua.rrs designated ly the bin were Sc
Ie.tel on account Of geographical loca-
tf.n Ifthgt WAS the ease 10 WAS strange
fhafaIl of that vas, region lyiusbc,ween
no A|'e-heDy Mountains and the Mis-
sfssirri riyrr had been cNcluLpjir1m the
e,,nt lie ARMED that the four Judges
,,..r, ssls..tef I'm ,rrnurt OF their rol!,i-
...1 .rfninrs ty,a rrrresrgtirg either
,grry The trrh Juigp ana unrvuih
.,s,,-l...r .ftIs commission Nj, I'D ne
.f..;.1.} '.,. .E1nrr n yss virtually de-
..;}5r.- Ia, shgr[,. Nh, yaull be Frg,i-
ls1 Sftie United States.
..,............,,..,.
1.-The was 20 choose between this b..l
and war he would accept the bill, tIi he
did rot believe there was any danger.
The cour. or commission authorized by
this bill WAS no. authorized under the
Judicial power Of the Constitution. Il
~ -. : ~. ,',,,,;.,.,5,. a..
.',''..' .''i'. I'l;iI -, ,,.,...,Ir, e.. ~
friend, the Senator from Vermont Mr.
Ejmundsi. because IN debate yrar"gu
he iuresaadowrd the very propositions
II this bill Mr.. sherman ucuie1 tHAi
justices oi the supreme Court also We're
officers o. the government or lhAl they
sould be thus called upon 10 Nll other "i-
.ices. as this bill proposed. The prae~
tice had been IN such cases for TIE tr,sI-
dent 10 nominate such officers and the
Senate to confirm ,.,
Another objection he Eao 70 '"c b.'.
WAS that % undtItooA 70 delegate powers
conferred upon congress % 'oalh''s'
sion. Il Was an axiom OF ihG 81" '""'
legislative powers could not DC at.tSa-
tel. ms OH was lhtrhdtu io app! 70
D case already passed, ended ana con
ciuaed, and was unconstitutional on ih3t
ground. II the night 10 l,E.siIic could
not be delegated by either house ui
Congress, no" could inns power controls
hnE the Voieoi States ut delegated ms
enormous power, "hIGH e"hii nna" The
WprA o. the >late, toulI ho' ue uc'eE1-
ted 10 packed tribunal.
r...,..-ys o, .rfr,. rrrsrrr>r ,r rms .-,..
,rv
lie argued that the President Of the
Senate bad the power 10 open and count
the electoral vote, and this bill was an
attempt to change the simple habits Of
our f0rcfathers which were adhered to-
until 1865. when Congress, without
consideration and without debate adop.
ted the twcnty-second joint rule, but
had now got rid Of Il. Suppose the
Judges 0fthe Supreme Court should rc-
fuse 10 perform the duties imposed upon
them bv this bill Congress could not
comDel Them 10 do SO. IL was simuly
ir,,,isinq, upon them a troublesome and
paiarpl matter without defining their
mower II the Judges should decline
to act the scheme would be ut an
end.
IFthis commission were 10 take the
votes a. certified. everybody knew who
was President. but II thev were 10 90
back ofthe returns God only knew what
woild be the result. Ii would depend
uuon the chance i'm selecting the fifth
Justice orthe Supreme Court.
Nr. Thurman 'Ohio1 said the bill sent
to the commission all questions Of law
As well as Of fact. how they would de-
eide no mortal could tell.
Mr.. sherman. That depends upon
chance in the Supreme Court
Continuing his argument, he said the
Senate was now asked TO vote for this
IiH which gubvfftutrl chance for the