, 1877-01-25

Select Cummfttcc 10 frame tic bill to meet The
e1fgcnecs "f the i'o'r. Eg!. party
CLAIMED stGt:Ess ron 173 CANDIDATE,
an,l insisted that their candidate thpuh1 tc de-
tiasct' President by the two uuust<. The cau-
ya.t was bitter. hut tile time for judgment had
nn,nst conc. It cuut'l mot be disguised that II
11al beer, sought to raise au Issue between the
settlement ol shs Ercat question by ts!ser forte
law an'f reason. THIS .wa. government
II Inv. su1 not of force, and It lntlst
~: pass away. BY ,l,e meA*',re ntw
estess ese s se1tn:n i "; i Gis I. tu9 T. ill., 4s
till was meant to lit tic great question Of de-
ternsn!ng who !.as been e!ss.e PRESIDENT and
Eice-Pfe.Idcnt u the In!te'i States out Of tho
nusphcrr t,f judicial decision. lie argued that
| toS0HEss HAD THE puwEE
toregulatc by law the count ot ttlc Electoral
yplc. Ills ncw-fansled tIea That tue President
u TIC Senate a.! Tic right tu couut tlle. Elec-
toral st1:c had only lately been discovered.
| Mr. 1Iayart then quoted at lcngth from tic
proteeInEs Of the Constitutional t."nvci'tI,n to
tion, ami dcnI. t!a. the Presidential the scnatc
had the {n,wcr t., cuiInt Tic Electoral vote. II the
framcrs Of tue Consttut!s,f, eo intended, how
easy \ wn'lfd bare bcrn for them tn hare fald
| ~. 6Htlt AVlfsHfE WAS CbHkthFf ~ lHE NuutE
history Of the t;oyern.uen., contrary to tI1c
| Nhule usage of tie lfnreriIIne-t. Tic P1es1-
| t!cnt or thc Senate did noI summon the Two
Houses of Congress to witness hf* net q! t'"1nt-
lug the rote, tut they summoned hIL' t'.npcsi
ttls: certificates In their pEtscutc.
liz tlIcn refcT1c1t to
TIE FEATURES OF TIE rEsrIs7 i;'rs.
and s,lil he wa. sorry tn hear tile .:eEatc- fr'm
DI,io {sh"r1nanl speak Us hc did III tr4<uf'a tr"
| lc-,IRg tho ifth Judge By ctanec. such J. r.
mar: wAs unjust to the Senator who nuae II,
unjust 10 the tribunal upon whcl, It reflected,
M1 shern,an sail Il Senator bayari would
icctcd by chance flc mnuti taac hts word. aud
withdraw nhy remarks ,ie (shcrlnan) had nladr
I IN regard tt rctu.
Mr. BayarI said the language Of the bill ,!hl
t!lc fftls Judge was to bt selected by cbancc,
that he was to be selected by q. Eatnt!in,,
operation OIL the part OF the four Judges dcelg-
| natt1.
Air. Dayar'l then referred to
THU TwEs1y.eEcoSp IolSr nCLE,
and ea'd trlEr II, by will or caprice. any Stale
coud bc disfrauchlsrd Of its Electoral vote.
Tue bill nuw hcfvrs thc. Scnatc: .as nut the
product Of any one mans mind. but WIS the
result uf careful study anl frequent
amendment. His Individual opinions might
lead hin to object to tho c'nt'luyncnt hf thu
judicial branch ut all, 10 cnsra;tlng t" any ex.
tent judicial pawcrs oil tllc political hranct. Ut
tue Guycrnnlcli, Or conlding 10 II nl,y 4s,cs
tion uuasi.pnlitira. hut his scftc u the gttvra
value u III. measure ma
Tuk NECESSITY or sCcM rtAN
led hlni to It's auppMrt. lie knew tllat Judge
Nelson, of ihr Supreme Court, was notninascI
ard confirmed as unt nf The Iigil Joint Com
mission; that Chief Justice Jay WIS scnt as
Minister to England I" meyotlatc the treaty
which hears his uanlc; ti:nt Chcf-|u.ils:
Ellsworth was sent " Minister tn s;tan and
that by law the Chief Jnstt.r Of tic United
States i. President III tllr i;oarl OF EegcHts Ut
tho Stn!th.'n.!an Institute. 1t was .pr":pr, sale,
a,:,l constitutional to crcatc thc duty, and to
allow the power to as@t'ne It, and they wrrc
dealing Will, ncn whose service was 80 high that
there could tlayu fern no d0tht fur moment
tint they would 'LcslInc H.. T'h!s htIl Was nut.
Us thc scuator fnm Indiana fsiortnn) Ind
atgucl l.-n euinpn,Ml~c. 1t only provided for
tho 'uze.i adjudication of The rtGhtD u
sensc. hut WA tho t!r,rllng 1T orlnIufi-
IN favor of truth anu right In thu uhs:ract at'i
IN concrete. But stppptc it was u r'i1apron>c.
Whit WIS there In entnprurIlsc tlEst was dis.
graceful tifhrr n rlr1! nr ,sItions: Tf!c rrry
tha.ttr u the Government iln'lcr whi'h VT
lirr was created in sp!rt IT compromise aud
mutual t,,ncessl"n: Without this spirit the
Constitution wonltl lnt l1a.e i'trn 'lla'art amt
wli!1u,t It's continuance could nnt hc ulantactl.
| MlI. tHnlsT1ASCf
sud that MI tlr Atlcr!rltt l'cnoc dcN1ane.l was
fair, legal. aMl therefore. sat!s!a"tory tl:tef-
the tpfstItu!ln,. MD laws. Nov at he clut" IT
ous first rentctlt1iat ycur wc wt1c met ya attl1
cutr pl tllu mot serious cltaracter. tirarc np'
rrthens!.ns Of trouble existed IN tas tt'ie
mind. Capitalists dare nut Unrest; business
ncn wilt mt risk what they hare: lahn:ing mel!
alarm iu. seized npon the p;og!s,
who arc looking to Congress re- 1 to lcy!*f r;
question satisfactory to lotll parties. tie taetl
lit. measure HON under CONSIDERATION US tla
bright how of PROMISE iu t''lr polisra! sky-as
Committee wl.' trained thc hlll, aul who &c
nearly approached to ,lnaninsi.y, mud lie t,'l'
gratulat. thr American people IN the iast that
Nhascyer party fecilng may exist, they, 9rs
zcns. lie MIS- not able tod discover anynt,c
tu tie uslasIal Eronmss ftl:as Erer
sald that hr..nh=es rrur"sts !" Dc appointed "
the bill wuual he uil1ters VI II: Cn:tc! states,
nt,i would therefore hare to lie appointed By
the President and confirmed s'y tic, sr'lalc
T'hts bill only t!evulrcA upon peFsons IN nilite
new l,uwcr, alhl dbl not crratc my new nt'rr
ha nSrn ~ a5S,n 'na. 9c,. iS unE' wiiout T.n 1sr IT, IT,
the real merits Ut tho question: While tAls
night b. true Of turse politicians. lie protested
, lllat surh h,lstieion sl'ou!a mot -, ,: p:
es'e'S" S!s', 'a. a;tata.aeats: Tue tl' H:s
equally anl o,sleusly tar to both PARTIES. The
lrty tlslt sl,s! rrlcct it, without Offering soi,r'
ti,lng Which would accomplish the end In yle",
deserved u 10 down.
. NH. TnrNMAS
. said hr might he df-IMse!l to give uoh htstor'
irul illustration and ninrl, reference 10 uul'ori'
ss rsa,ons Which br11slt t AZ rs a1n.,ly @ y s an, $",'
slow tha. not uuc, tl.sle ,!'uut Of opI"si't'n
made against the till, could @ s.ls
, tanned hy SOUND reason aud Fesrecta
bic authority. but he vas si'stitoh. SLED
by the laiencss of The h'nr M a'!a fatigue & t:,t
aud hls own, to fusv:u what liz wished tn ray,
an thstrtoEs M I 1'arS' w"Hl;t e ;1;nn,E, :;
lc Would tav liz tl,,.c " llt had preceded him III
favor ut the bill, urr ah9 had said 1t more ally
than |r rot!d Therefore, II WAS uot 'nltsr'
| nf rry1rt Thai ht was contlncA Is, SO hr!e! 4
time llc rNr.csscl his eratile.t!on Ut ttc re
marks Of tie $c,iatnr from Mtvh! ,an ftkri*ttan
w, whcl, "rre 40 clear and laws serks. t.ks".
d jullciIl yiesy of the suhjeet. III. nlA1ntalneE
l>ie ronsshusa,'assy 0! Tive ':as"ss, a''4 as.Nss
tl!at the question was of sIvll Importance tla
) tim ,rrctuisy Ut t..e nation lelrslleA upon it'
. suluttnJ. T1tere nevcr WIS greater Ecas"'
than nnw IL ronst!t1,te suea, tribunal ~ III
bill proposed, beneath which III Importance nj
| o:hrrs sunk Into iM.!4n!aeanHv. ~ i 1ncH!t~l
Vi tllc Joint Con,,nitter, ht ~.mll say, Hr!no
erat vs. he Vas, that lie xulld br willing tu bI''
init the decision Ut tbs Question IN the CtInln!t