The New York herald., 1877-01-24

or such a day. Nobody has said that he buried
alive Therefore The presumption - that he was
dead. and II dead lna cay dead In that part of that
same day wherein these votes were cast
The Two houses separated IN this. House
The honorable senator IRON vermont tar I'D
mundsi proposed resolution declaring thai
tho votes should not be counted. Tne Senator IRON
OHIO before inc iMr rhurmanJ moved to amend by
striking The wcrd 4" not. :" which amendment pve.
vailed then moved rs an amendment 10 aid to the
solutions which then declared that those four
Tor Mr. Greeley should be counted. words declaring
the junction o the Two houses ia counting the votes
TO be ministerial distinguished from the effect vi
that count or uf those votes
50 have read somewhere that had expressed the
opinion that counting any votes IN any sense within
the power of the two houscs WAS purely ministerial.
Oh. no. Mr. President. offered M amendment 10 en-
dcayor TO have the Senate explain thst when they said
votes Tor dead inan shouid be counted they meant
merely that they should be enumerated; that they
should Dc announced; that iiey should bc added
up not vote ~ the language of tho act OF lI02 that
should undertake. To dcciarc that dead man should
MI the oice vi President OF the United States That
ainendm mt encoun. point of order. The senate
ruled that II order only Ia answer the question:
yes or no. shan the vo'c be counted Mean
whic the House hac considered Tho House
said the vote should not be counted. aud there
was withheld from the memory OF Mr. Greeley the
from Georgia inanuaiy and automatically calculated
having cen cast TOR him.
refer to tins To ,,nguish. as l do In my
mind, between counting tho chars IN tho Senate
chamber and dong shat which involved IN the con-
stitutionai dlrectop touching the electoral votes
THE JUDICIAL QUESTION.
Indeed, nav say that the word count does no.
govern SO much AS the words ..,hc votes" iha
question does not arisc In judicial proceeding IL is
quaslJudicaL II rs the power to Judge. II is tho
iac, The power to judge whether "a Dli
shall pass judicial II is not ministerial. In
political 1t nvovc, the exercise or the very highest
attributes OF sovereiens. When colurado is reached.
suppose member or Senator rises and says ~ object
to the OF Colorado because she a State Ia
the union' Ia tho case OF Colorado there ~ no
doubt but the question Is the same " she
shroudcd In doubt--tnc question shalt her
countedy The objection ~ that sue is not
State IN the Cnion, and the count or refusal
to that vote Is the response 10 thar question.
No higher political question eau bc solved or touched
Is she State 10 law and facty Mr.. President.
nations have fought that question centuries
State tomorrow may stand under tho upiited ban.
ncis OF revolt She may pass an ordinance of srces-
sion. prostratc aIl tho forms OF government. make
treaties with lorcfn nations scize the ports arscnas
post oirccs custom houses. dock yards and ships OF
The nation, march an army into sister States. Shall
her vote be couniedy
| 1t rs no answer say the law making power mny
hx her status IN advance. The law making power may
uct, may not have time To act II the law making
power hcr certificate IL here the question ,s
shall her votes be counted and he VINO has the power
TO decide that question may decide II as he lists and
the effect OF what tho law making power has dono IL
only factor ~ the open question.
| Mr. EDMuNDs-An indctsrminate one at that on this
theory.
! MIR. CoxKLixG-And as my honorable friend well
says, inuetermnale one AT that this theory. II
Is not proper ior us was about to do refer
what may be done in another legislative chamber Let
me suppose, without an assertion. that minority,
formidable IN numbers OF the Law Committee o the
House Of have reported that Colorado
~ not State; that she rs incioate, inconsumnae
| member o! the Union, her statehood bclng III I'll.
chrysai,s. and some member OF that commt,eo nakea
objection here. Tho law making power has
acted, but the Senator from Vermont may well
say II Is indctcrminntc. II the constitution
mining what votes shall be counted, who tho
bers OF tho ssterhood OF states BY whom tho Cn,ei
! Magistrute Is TO bo elected. Whether you might
weakly loan upon tho opinion OF somebody else MT,
will not consider; but you, and you alone at first
and ut last, ~ solve that question: Indeed, II
were accept what said by The Senator IRON Ohiu
tMr. shernan) this morning l should begin TO aoubt
are members Of tho Senate understood the senator
from Ohio " argue that the Two houses by law cannot
enact IN advance that, on tho happening OF cer.su
should exist. lie stated that most explicitly If uu.
dcrstood him II that be truc awkward indeed would
DO tho dilemma Of Colorado. Congress, by an
enabling ac authorized the then Tcrrlory Of Colorado
assume statehood provided III advance that, upon
the happening oI certain contingencies, and proclana
iion thereof be made ny tho Pre- idcn: the Unucd
States, she should DO crowned with statehood wnh
ike iorce anu effect if she stood complete
ut the hour when tho spoke The presi-
dent has maze the proclamation ev'dcntal
Congress, speaking when the condition is complied
with, Colorado IS to-day complete ~ her rights AZ
u m.inDcr OF The luton Us Is tho proudest or most
ancient state In all the ssicrhood But my honorable
irond from Ohio disputes the doctrine Uy which she Il
here NY honorable iriend from ONO conironts and
c0mbats tho Supreme Court because that court, long
years ago. affirmed, in the embargo Case that sucr
legislation was entirely competcnt--ncompctcnt.
inconclusivc. provis0nal-uutil tho happenn. Uf an
externn contingency, and ripcning aud becoming ct
fcctua then.
II.
President OF tho United States.
Mr. CoxKL,xG-And as my friend reminds mo again
most respectfully and 80 becoming according to Tho
judgment oil the President oi the United States
But, Mr.. President, have wandered very lar from
the scope and vasncss Of this power and OF tho qucs
tions and possibilities II has evolved are
the measure Of tho certainty and clear.
ness with which II must DO conferred.
Loose in.endmcnts will not do. Loose intend nen,s
succ Tor paitry uses but IN tne last quarter oi
the nineteenth century loose lntcndments Will not
sulcc III, U00 900 free people that such
transccndcnt powers me 10 be welded by one man.
ana may be made to-day by mere majority of votes
Ia this chamber aud unmadc tomorrow by tho change
Of u single vote.
REASON AND Pirxgss
Mr.. President does the ret sou, does tho fitness 0i
things inform US that our fathers intended that the
power to vitatc, on the allegation OF fraud Irregu.
ary, the electoral votes OF the States aud thus u
turn the OF Presidential elections, DO
posed In u saicr and better repository thas
rcason does the fitness Of things select, from Ian
euayc which turns away IRON the PrcsdeM
OF the senate and drops him. the idc'
man were selected, II was designed 10 commit thu
power Again. does reason suggest that our fathers
In selecting onetnan 10 adjudgc such qucstions sccce'
HIM that might be the sole judge III his own case,
already has the President OF the Senate been
OF The Presidential candidates for or against whom
tho 10 DO made. Did our fathers, who wrote
. this instrument, anticipate thaty Tho very mcr
who made It proceeded IN sovon years TO mako tnt
President OF The scnaic thor successful Prcsi
dcntni candidate and no we are asked To Lelevo tla
our falhc,s profoundly Jealous AS their words ant
/; acts show they OF human greed and human
bition, intended 10 make one man the sole judge
whether he should mount tho loiticst pinnacle y
American, II not of humnn, ambition. The Othc
day mad under consideration a constitutions
! amendment, committing to nny judges hoA
ing their commissions tor lie, and indo
pendent of us as Is tho monarch Of the skies
the count OF tho Presidential votes and provldni
that rot ono Of thom should ever bc eligible al
Presidential candidate until alter the lapse Of years
This Is tho modern standard OF saog guard against
bition: but asked to believe that athcrs
the trained men and the victims Of abuses under ohc
systems, decided TO mako man the 1nai supreme
Judge In his own case, although divine law an'
. civlizcd Jurisprudence have declared sine
the morning OF time that eve
shall be the judge In his case, ove
though he sits with other Judges. and, now my cy
tails upon my honorable friend from New Jersey (Nr
Frelinghuyscn am reminded That the highest cour
: In his State has recently decided that act OF tn
a | Ieli Of Iha