The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-01-23

take four from the various parts Of the
republic would be just. Then there was
the odd number, and to guard against
prejudice i'm the minds OF these ten mil
lion people of the country the cofhmit'
tee said these tour should choose the fifth
from among their associates. He had
never observed any criticism of the abso.
Lutte fairness Of this plan, providing they
could get over constitutional objections
to 1t which these newspaper
writers and politicians had discovered,
and with which they were no doubt
familiar. The bill also provided that
the oldest Judge should be president of
the tribunal, which would be the venera-
BILE Judge Clifford. When the oath pro-
scribed for members OF the tribunal
should be taken, there would be no more
partisanship. no more enemies, no more
friends, but the solemn judgment of the
Judge. That obligation, when taken,
would dismiss from the minds of sena-
tors and representatives every considera-
ton which clouded their intellects or
warped their judgments. The tribunal
was to decide upon what had taken place
and not what should take place. II
there was any value in our civil institn-
tons this was the last and final hope.
There was nothing short Of the works of
the Almighty which furnished q more
Just text OF human rights than this bill.
Ii held aloft the scales of justice il gave
nothing to either side; it provided that
the tribunal might, In determining how
many and what persons were duly ap-
pointed electors in a state, take into
view dispositions and other papers, if
any, as shall by the constitution and the
now existing law, be competent and per-
tinent in such consideration. The tri-
bunal must decide according to existing
law. This would be a strange republic
of law if, after according to one law the
candidate Of one party had been elected,
congress should make another law which
would elect the candidate Of the other
party. The right of A or B to this great
Office must be determined by law, as it
stood Oh the first Wednesday in Decem-
Der, when the electoral vote was cast in
the several states. All this bill did was
| to prescribe method and ascertain what
was the law and fact at the tune. IL had
been said that this tribunal might go be-
hind the returns from state.
If the two houses OF con-
gress had power to do that thing
the tribunal would also have such
power but If the two houses OF congress
had no right to overhaul the action of a
| sovereign state, then this tribunal:would
have no such right. The committee
agreed that this presidential contest must
be settled upon principles and the law
that existed when it took place. Moth
Ing could be more fair than leaving dis
puted questions to such tribunal. l
they should be left to the two houses o
congress, as was proposed in the bill
which passed the senate at the last SEES
sion, the result would be to leave then
with large bodies OF men who would g
, with the swift current Of warm debat
and warm feeling. This bill made n
new law; it only created q commissio
: to decide upon the old law.
Mr.. Edmunds read the sixth section {
the bill, providing that nothing in
shall be held to impair or affect an
right now existing under the constitu
ton and the laws to question by a pre-
ceeding in the judicial courts of tn
: United States the right or title Of the pc
son who shall be declared elected, {
f who shall claim to be, president or vic,
] president Of the United States, il an
such right exists.
: Commenting, he said the committe
endeavored to be SO careful that tn
. right of no man should be injured
, That it provided that after all this hs
! been gone through with, and it had bee
declared A or B was president OF IL
9 United States, the other candidate nigh
. under the constitution and laws, test IL
r question whether such president was II
t true or false one. His right to d
r so should not be prejudiced b
|. the passage OF this bill.
\ had been contended by some gentleme
o that the constitution committed the rigl
? OF deciding who should be president {
| the United States to one or more person
or bodies. If that was true, 1t was fata
to this bill. He had no doubt all sens
tors could say, If the constitution did RI
pose the power of deciding who shout
be president In the president OF the sci
ate, that they would not desire bette
Judge than the present occupant OF tn
chair Ferry. But if the constitutio
had not reposed that power in the pres
dent of the senate. no matter how learne
and just the occupant OF the chair Nigh
be, 1t would be an invasion OF the right
OF the constitution and government to d.
clare that he had such power. The cor
stitution carefully enumerated ever
; power Of the judicial and executive al
thorities OF the government. If tn
trainers OF it designed to COME
such power upon the pres
!. dent of the senate, how unfortunate
4 was that they did not say so, whic
!. might have been done by two NOR
d words. 1t staggered human credulity
!. believe the trainers OF the constitute
c had thus designed to turn the presidel
It OF the senate into judge on the mo
l. critical case which could befall the r