New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-03

he 1I AUD OF the judci.l potrds Of there
gen, ienan in this Commission, rsn ritArr house oi
SnIrceS or OH tho Suieine Bench Who HoGd 1or lnu-
luuui tolerate such uwcr under tEc sl"iit 'A-L,Se
snail count the vote p II NOT, then the act Las gwen
no didOmal power hfteeu men. ouide .! tho power
winch by the IKE terms would nave been conferred nloh
ono nan. Hence th,rO ls III this Jaw no power 10
40 moro than Is necessarily IMPLIED III Ihe "oiuS COUNT
The vote"
TGa being so, we 70 the next question. What
d. II meant Aid is power OF tha oJrL iha implies
something not ministerial win me narrow cirsu. oi
discretion that belongs 10 the ministerial power COOS H.
IS gentlemen the other side ciahi gave t"u uhH
c, power OF review n u docs, your ConSttao r ~,
s veiy framework and organization % Fio"teI. Inc
tr.I three article, tho folcral COnSiiiu-
relating to the functions OF ct ,ni5 uV yd
JUDICIAL aud affirm positively mat tlo judicial fauotionS
are yes,% ~ m prrr tribunals u as legislation is
vested the Congress OF the United hato JUST Us ca
ccutye power vested in the President The hines are
drawn in the Constitution OF your country. WHEN teik
you that the mutual powers OF tbs Government Ia tho
mingled in a tribunal either mado up Of the
thire or made up OF any Two OF INC thrco
St,tes ran - upon - All The elements Of national suciy
hang upon the observation Of mat great sep III modern
t1yjjjzi, u,-grcat as compared with The ancient,
thai taAes from ono department. OF government
ali du1ies except those PERTAINING 10 i.s prlncp"l
hIaucn The claim made on the other Sldo HnTges
tne and SAWS that You tOeXercisc judicial ihhc)s
The made this morning lia taihH ha' your po"ci
cocxStent WITH the powers ni court on ~.
ar, trnrraufO thnE II may be assumed that TIE IAN
guage OF the act creating ms Commission eon'ee NO
such powers upon 1t; organized as II IS 10 uic over Il
difficulty and to do TINS ministerial act oil counting tn'
Ihavo spoken OF the narrow circuit of discretion that
surrounds the ministerial act OF counting neg 10
renew the distinction there Is no difference made Oy
ad.nZ the words by Congress" ut the eud ~ thc CON
situioEa clause so that II would read, hhil theh po
counted by Congress" II Is the same rs II the WORDS
were added shall then be- counted by HIM, meaning thc
President Of the Senate. The essential thlhg OF
the phrase Is the count. what Is thlt mar
circle 1t Is to ascertain tie count
The certified votes under the Consultation ana law that
counted, not IA the sense but IN ministerial
sense. Do they upon their face contain evidence OF
fraud-of eriufi Is certificate No. more regular,
Of being received Than GER
tI1cate No Is certificate No. "a better certificate,
does II bear greater evidence Of authenticity than the
oIherl If So take II IL ia an authentic certificate OF
return.
Neither Congress any other power has the right TO
count the popular votes for the Constitution says DIS
tncy That the electoral vote which 10 be counted
Are you revise the proceedings or all STATE elections
and sra tribunals appointed by Stale laws. or are you
to count properly certified nnd presented to your
IL IL be otherwise let the Constitution DE amend
oil, and let 1t be declared BY this tribunal
10 he am pndcd that IL shall read Each State shall
appon IN such the Legislature thereof may
direct number OF electors, subject ~ revision by the
Congress United States. winch snail have power to
determDe whether snch electors have performed their
functions TO the sat sactiOn OF said Congress- We are
brought nmendinent 10 Inc Constitution
whicn sought 70 preserve absolutely the rights OF
the states which required every bait In the Presiden
tal election TO the Same day, that they might
DO freed from centralized influence. Every member of