Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1877-01-24
SEN ATE.

w ASHlNtIONy Odus SOs
Petitions were presented from va
rious cities, praying for the passage
of the compromise bill, the consider
alton of which was then resumed and
Sherman opposed it: He said when
the committee was appointed to con-
slider this subject he confidently cx-
pected to be able to vote for the bill
reported, because he entertained the
highest respect for its members. 1t
was painful for him TO dissent ftom
the views of men whom he esteemed
SO highly; but after the brief exami-
nation he had given the measure he
thought it was his duty to oppose it.
This bill was to make court to de-
eide q case already made up and
there were provisions in it incompat-
ible with the constitution. Such d
law as this was an evil example and
it could not be sustained under the
constitution. The questions hereto
fore discussed had been:
First-Shall the president Of the
senate count the vote?
Second-Can either house admit or
exclude vote?
Third-Can both houses concur
ring do SO?
Fourth-Can the vice-president de-
eide, if the two houses disagreed
The bill presented other questions
which were of more grave and Sc
rious character. 1t contained four
propositions:
First-That the president of the SEN
ate had nothing to do butpresidc and
open the vote.
| Second-The house Of congress can.
not reject vote.
Third-The two houses by concur.
ring vote may do so.
i Fourth-It provided for grand
commission, the decision of which
must be final, unless overrulcd by a
concurring vote Of the two houses.
He then argued that the bill was
Unconstitutional and particularly op.
posed the clause providing for the Sc
lection of five Judges of the supreme
court as members of the commits.
sion. He also opposed the bill be-
cause it undertook TO delegate pow.
ers conferred upon congress to com
mission. 1t was an axiom of law
that legislative powers could not be
delegated. He read from various le'
gal authorities and argued that the
bill was intended to apply to cases
past, ended and concluded, which
was clearly unconstitutional. If tht
power to make laws could not be del
cgated, how could congress delegate
power which controlled the vote Of
states to packed tribunal.
4 Another feature of the bill which
yiolates:the spirit Of the constitutions
was that authorizing the appointment
of five members of each house al
members of commission to be be-
yond the control of the two houses
after being organized. The constitu
ton provides that no member Of eli
Their house SHALL hold an office ere
ated while he held seat in congress
Sherman asked if the Commission
was to take the returns as certified by
State officers, if SO everybody knew
who would be President. But if thi
commission was to be allow ed to e
back of the returns God only know
.. what the result wouldlbe. 1t would
, depend entirely upon lot, upon til,
chance which selected the fifth Judge
Of the Supreme Court, who would b.
, the fifteenth member of the commits
sion.
! Thurman said this bill sent to til,
commission all questions of law a
we'll as of fact. How the commission
would decide no one could tell.
, Sherman said, no sir, that depends
: upon chance. This bill substitute
chance for a legally given vote o.
i electors.
, Conkling followed favoring tn
, bill.
HOUSE.
The Speaker certified his yester
days ruling that Woods resolution
to refer the Presidents message to
select committee of ii would COM
up this morning as unfinished bust
ness. 1t would go back to the Speak
er's table and the select committee
: resolution declaring the President o
the Senate has not and Congress ha
! the right to count the electoral votes
ETC., was unfinished business.
: Petitions favoring the conpromis,
bill were presented.
Butt was admitted rs, q member
! from South Carolina and took tn,
ironclad oath.
The House then considered the res
,, olution above mentioned and Seely
! declared the doctrine laid down il
I these resolutions were libel on tn
! letter and an entire perversion of TIN
! spirit of the constitution.