New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-24
SENATOR COMBINES SPEECH.


THE DUTY OF. CONGRESS TO EXAMINE AND VERIFY
THE ELECTORAL NOTES.-THE PRESIDENT OF TIE
SENATE NOT EMPOWERED TO COUNT ELECTORAL.
yoTFs-l JUDICIAL POWER NOT IMPLIED BY A
MINISTERIAL POWER.
WASHINGTON, Jan. 23.-Mr. COnkling URep,
n W replied to Mr. sherman in advocacy of the report
Of the committee He said before reaching the details
of this Of its advantages or merits the Senate
must make OF its power in some mode to subject tho
matter to the action Of the two houses OF
Congress or TO the law-making power OF the
Government A study OF this matter years ago
convinced him Of the right and therefore
the duty Congress to ascertain aud verify electoral
votes and declare the result OF Presidential cleo
tons or else by assertion OF awmaking power TO Dc
clare how these acts should be done His present udg
ment did not rest precOnceved opinions Some weeks
ago he reviewed carefully, cautiously every act and
proceeding in our history bearing upon this question,
and without the aid Of compilations made since. Every
utterance in the books he had examined distinction
might be drawn between the power OF the senate
and House OF Representatives TO act In conducting
the electoral count. 1t was rot his purpose al ms
moment to explore that distinction, nor inquire how iar
or whether AL law indicated The exact form n WHICH
the Constitution should De executed Mr.. CJnshns then
smoke of the objections 10 the biz and SAID II it was true
that the right 10 cOant the vote was by the Contribution
imposed upon the President OF Size Srhae, t9e pi no"
upnn the table, any D rule plan, would bt OF inc
slightest efficacy effect Whenever me CONSTITUTION
deposited power with any ohcef department. OF iuhc-
tiOnaTy there II mnst remain
| POWER OF HE PRESIDENT OF TIE sen STE.
II tho Constitution deposited in TIE President oi the
Senate the lower to count the electoral VOTE there was
an end of it and any act or rule to strip him o' mat
power would be bold intrusion upon the Constitution
n sueb wa. the power of the President OF the Senate
then every proceeding had heretofore by the two houses
OF Congress fragrant violation OF the Constitution.
He denied that the power the vested
In the President of the Senate, and said if the ConSt-
ton gave all the power TO one man it was not easy TO
SEQ how Congress could witness verify the act lf the
President oi the Senate chose 10 utter words mem
beers OF the houses must listen 10 him The Const,
ffion declared that the President Of the Senate should
| declared the vote should be counted by WhOmi DId
the trainers Of the Constitution intend ii should be by
| the President OF the Senate III So Two lttle
| words would have hNed it. The who drafted the
| Constitution were mas .eTs 0f language Ihey We're 50
tastidOus III Their TASTE so ANXIOUS tnd "ouS sOu pc
echoes of thought that they appointed committee
on STYLE order that sentence might be selii-
med and this DIVISION III regard to counting the eec-
t0la vote referred TO that committee ana reported
trainers OF the Constitution intended that the President
| OF the Senate should count good bad and IN
| Srnator from Indiana (Mr Morion) yesterday.
IL had said that the power of the President OF ihe
Senate, thou. expressed IN tho Constitution mSh.
! be implied lie could not accept that doctrine.
Authority TO 90 ministerial act 4d MOI imply athotity
power send for witnesses call Tor teegfdhs ana I'M
prison c sons 9niess thS g@ts i nYar up a
had m its fundamental law the very words
siding officer should open the certificates AID the
votes should he counted. Even az that early day II was
| the understanding tnat the presiding officer merely
nupIcd the fcacs aud the two houses proceeded To
cuuu the vote. 70 open the certificates was purely "a
| ministerial act but count the votes was something
more. The coed certificates must be assorted from INC
nd ones Ii ECwIOrk sent 45 electoral yUtes only 30
woul true votes and the true ones must be taken
from Inc false II the certificate from AaS'cnnSct,
should show that the state voted for the Democratic
candidate II would be false. The world knew that she
| voted for the republican nominee and must DO 80
(.,r-he means ulius Cesar, late of Rome laughter
HAIRY the Eighth, those votes womb not be counted
| aitE0ut inquiry.
TIE CONSTTUTGONALITY OF TIE BILL.
He spoke at length Of the cOnstituiionality OF the
hill; aud asked reason and the fitness Of things did nos
INFORM the Senate that Fathers intended that power
to Wit ate an allegation OF fraud irregularity in the
electoral vote of a state and thus turn an election
should not be reposed ia They knew il would
he safer reposed American Congress. II was not
designed to commit this power to one man.,
especially rs that man might be the sole judge in lis
own case. Divine and human law, since the
| morning Of timc, said man should be a
ind-e IN his case, even though he
sat With others II the President Of tLe senate mad TIE
mower count the votes bare majority III the senate
ull select President fOr the secret purpose Ct max
iu lie count Uur way. Wa such creature II an hour
| "A safer anchor than the two HOUSES az tln@Tc>si No
such action was Designed Tor tAi, Republic, the only COG
Globe should experiment fail, II Noud tuin back
| The bands cUcI OF ages AT 1.3u Nr. Coming
announced tic would not DC able 10 conclude MS re-
| MARKS to-day.