The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-01-24

not Georgia State in tho Union
Had not every prOpricty and mandate been OBJ
State Of Massachusetts rose in the meeting Of
the two Houses and said " object to the count
Of these votes. | object h"cause il is announced
that Mr.. Greeley was buried on the day on which
these votes were east" Let me be more explicit
with the Senate in stating the process OF the
member who made the objection. Fully trans
lated bis statement was this; The certificate is
it,-no question there: But the newspapers
barcd ac fG o the sa sa tic WAS IS
that. he was dead; and If dead that day.
dead in . that part OF that thai. Same day
Houses separated in this House.. The honora-
bic senator from Vermont tMr. Edmundsi pro-
Should not be- coHnlcd The senator from Ohio
before me MIR Thurman moved TO amend by
striking out The word not which amendment
add To- the resolution. which then. declared that
those four votes for Mr.. Greeley should be
two Houses in counting the votes to be- minis
tcral. as distinguished from. the effect
somewhere that | had expressed The opinion
that counting any votes in any sense within tho
power Of tn, two Houses WAS purely ministerial.
Oh. no, Mr.. President. offered AN amendment
To- cndcavor to have the Senate explain that
when they said "yotcs for a dead man should
bo counted" they meant merely that
they should be enumerated that they should
DO announced that they should be- added
up; not II vote IN The language, Of the act Of
dead man should m the Office Of President Of
the United States. That, amendment cncoun-
tered point Of order. The Senate ruled that
IL was In order only To answer the question.
ygs.9r no. shall the vote, I've counted Mean
while. the House had considered. The
House said the vote should. not be- counted.
and thcrc was withheld from the MEM
DRY qi Mr.. Greeley the tribute. u tribute it
would BE-. OF having four votes from Georgia.
manuay and automatically calculated rs hay
ing been east for him..
| refer To this 10 distinguish. as do in my
lttXUpn
Senate chamber and doing that which is in
volvcd in the Constitutional direction touching
the electoral votes. Indeed. ] may say that the
word count does MI govern so much us the
words. The y2te7v This power Is not tech
docs NOT arise In judicial proceeding. II IL
quasi judicial. II is the power TO Judge II is
the power 10y Judgment to affirm truth and iact.
The power to judge whether a hill shall pass or
not r. judicial. II il not ministerial In this
casr. Mr. President, il is political. Yes. il is po-
lticuL II involves the exercise Of the very high
est attributes If -oycreigns. When Colorado is
reached. sdIplsc a member ar senator rises
and saws II direct To- the votes ~ Colorado b.
cause she II not q STAT" In the Union In the
case If Colorado there IT. no doubt lut the qurs-
ton In lie sam" az If she wrr" shroud"d in
doubt tn" question II, ~hnll her vote hr count
.i ,lh' "''"tigh h. ihai she Is MOI state IN
the Union. and the count or refusal to count
that vote i- thr response ~ t,dt Question. NJ
higher p9lh' al question can be- solved ar
touched. l. she stat" IN law ani IN iact :
Mr.. Pr sidcnt nations have fought over that
question Tor r"nturiN >. stat" tomorrow may
stand under the uplit,i banners of revolt.
She may piss an ordinance ut secession.
pro-trai an the forms of government. make
treaties with lur.lru nations; -ril' the ports.
ar-rnal-. pott oli =. custom houses. dock
yards ana ~hi- oi ING nation march an army
into sister States. Shall hcr vote hc counted! II
IL no answer tp say tlD law making power may
iN her status in advance The laW-makiug
power may not act. may not have time Ia at. Ii
ih' l"W-lnAhih- l'M'r Hrf anu her cert Wl"
IL hero, tn question j., shnll her votes b"
counted; And bee who has the power to derid"
that question may decide II IA he Est, and tho
rnrr of what Ia" law-mhkins power has done
S.uly q factor ma the open question.
Mr.. Iimunds-A An indctcrminatc ono at that
Mr. ConLlng-And. ne my honorable fricnl
we'll SAYS. an ndct rminate one at that ON TINS
theory. II IL not proper fOr me, liz | Wa aNutu
e. do. tO refer - what may Lee done in anuthcr
l"gislntiV" rhuni"r LIT me SUPPOSE without
numbers. col the Law Commute, II tho House
of Rrprr s"ntatlN's nave reported that Colorado
mai" 10 a member OF tho mon. hrr stat hood
being in the chry-alls. and some member of that
committee makes "pt'uvh, hcr" Ihe law
tor from Vermont may well say il Is
indetcrminair; II the Constitution rcposcs
trrninng what votes shall h. counted. who
are tn" members u the s.sterhoois oi States ~
whom the Chief NAg-trat, il o. hc elected
Whether YOU might weaAly lean upon the
opinion oi somebody else or not. viii moi con-
slider. hut YOU and YOU alone at inst and m
lnst. ar" To- solve that question. Indeed. il |
wrn 10 accept what ,wH- sand 10y thu
senator from OHIO lMr shrrwanl this
-rll. VIII Their ~ h,r-Ard friends from
Colorado arr members oi the senate. under
stood tho nafNr from OHIO Ia argue that the
two lIuu-' hy law flnn1t enact in adNan go that
uu the hapr ming of certain contingency. "a
certain legal trrhy and conclusion should eN-
ist. u" stated nnt nlD~t expressly. Il un her,
stood him. Ii that VOC true. AWKWARD. indeed.
would Doe tfr dilemma 90 Colorado. Congress.
D, Au enabling uf. authorized th, thea Inrr-
tor, of Colorado % ASSUME Statehood. provided
in advance That. upon the happening ot certain
con, h-rn' i'i hhN pip'ianWr.l l't.1l u" F'