The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-02-01

| session. III was tne pollllChl noh k"VV
paved and honey combed with dyna'
mite. ~,
Continuing his argument, Conkllng
sajd he believed the Republican nomi,
nee had been chosen Chief Magistrate OF
this country. He believed him to be a
patriot, incapable ofinhcting injury upon
bis country, and he asked him to take a
title to his great Office which no one
could question 1t was not for represetn-
tatives of States to refuse, by an assertion
of the law making power, to have an ad'
eouate peaceful tribunal by the action
of which every difficulty would be solv,
ed. If this bill WAS compromise OF
truth, of law or Of right, he was against
IL. but he denied that it was any compro'
mise and above all, it did nos compro'
mise right, principle or Constitution. 10
contest claim was not to compromise
it. To insist upon an honest, fair count
inc of the electoral vote was not com
promise. A Presidential election had
occurred, and unless there was tie,
somebody had been chosen. He refer
red to arguments against the constitu-
tionality of the tribunal authorized by
the bill, and asked if the silver commits
sion appointed by Congress was illegal
or had its powers destroyed because
three of the members of that commis.,
sion we're experts and not members OF
Congress. Was an army commission IL
legal because the General OF the army
was a member thereof. Did not his
presence dignity and strengthen that
commission2
MIR. Sherman said the difference be-
tween the silver commission, the army
commission, and this commission to make
President was, that silver and army
COMMISSIONS reported to either house OF
Congress, and their action was OF no ac'
count until accepted by Congress, while
the action of the commission to make
President was binding, unless over
turned by a concurrent vote OF the TWO
houses. 3,
Mr.. Conkling asked if it was ever heard
that Congress could not impose upon ma
tional officers extra additional Duties
Did the honorable Senator from Ohio
deny that Congress had the, power to
employ Federal judge to settle contest
ed boundary between the States, or as
serl any other test essential to the public
welfare? The two houses, from begin
ming to end, were to make an eVamlna.
ton of the electoral vote. They agreed
beforehand to make it in a particular
way, by committee. which was vested
with the power of the two houses For
the time being the two houses OF Con
gress retained the whole thing absolutely
within their grasp to the end. 1t was
the exercise of power by the two houses,
and not delegation of power, as had
been claimed. 1t was proposed to make
the Chief Justice of the Supreme Court
umpire in this contest. The honorable
Senator from Indiana (Morton) voted in
favor thereof, no constitutional doubt re-
straining.
Morton-I will satisfy you directly.
Mr.. Conkling--I thought my friend
shook his head. and Was about to read
from the record to satisfy him. Resn,n-
ing his argument, he referred to the Ge,
neya Commission for the settlement of
the Alabama difficulty with Great Brit
ain, and said that one of the greatest
Emperors on earth had acted as umpire
In another of our Coutro versies wlthEng-
land the seventy-fve million dollars was
yalueless compared with the tranquility
OF our land for single day If he who
rnleth his own spirit is greater than he
who ruleth a city, what should be said
of millions, who, by an act as nolseless
as the wave of wand, settled this vexed
question in an hour. He commented at
some length upon the powers and duties
of the Commission, and said 1t could DO
nothing not authorized by the Constltu-
ton and law as it now stood, and it must
report to the two houses of Congress. 1t
was not a rowing commission to traverse
all reals of fancy and imagination.
Mr.. Dawes said while he heard the
Senator from New York with great
positiveness assert the fact that the Com
mission must be bound by the Constitu'
ton, he had heard with equal pOsiti, e.
ness others declare that the Constitution
could 20 behind the returns from State
to settle questions which belonged to
the States themselves. Would it not be
safer for Congress by statute to limit the
powers and duties of the Commission?
Mr.. Conk ing replied that the Commits
sion would be bound by an oath, and Its
action was subject to review by Congress
IF the honorable Senator from Massachu-
setts proposed to launch upon the heavy
current of this debate and the powers of
the Commission, he would be launching
the whole subject upon a sea without
shore or bottom, and the 4th of March,
1877, would not see the end of the con-
troversy.
Mr.. Dawes lin his seat) made some re-
mark to Mr.. Conkling as to how they
did in Massachusetts.
Mr.. Conking said the idea that any
thing upon earth or in the heavens above
could be as perfect as they ma e things
in Massachusetts he did not entertain for
one minute. When other States of the
Union even approximated the perfection
of Massachusetts,, the time will have ar
rived when no problem could exist that
could not be solved; even contested Pres
idential votes would count themselves,
and the whole universe would go on by
AN anatomic and self.adjusting process
Laughter. -.
Continuing his argument, Mr.. Conkling
denied the bill was a compromise 1t
surrendered the right. of no one, but as
serted and maintained the rights of all.
1t submitted to lawful authority the so,
luton of the pending question. The bill
might be denounced bv partisans on one
side or the other; it might be derided by
adventurers and the thoughtless; it might
be treated with courageous gaiety. as the
honorable Senator from Pennsylvania
(Cameron) treated it; it might not for the
present receive the appreciation of even
the thoughtful or patriotic, but he would
vote for it because he believed it advan-
tageous and within the Constitution. 1t
would be beneficial to the people OF all
States, including that great State whose
interest and honor was so dear to him.
The bill might be derided now, but time,
at whose great altar all provisions and
lN.Dr mould nj loof uinHI-