The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-02-15


ests Of Republic, that mode of getting
out Of this difficulty is provided by the
bill. Have Senators reflected how NUN.
erous are the points upon which there
are conflicting opinions on this subject Z?
Let me enumerate few ofthem. will
not say few, either, but not all by any
means
First-I have to say that the Senator
from Massachusetts isquite right. When
this committee got together after free
aud friendly conversation and discussion
OF the subject, and the reading of no
small amount of history, it was soon dis
covered that to frame bill upon the idea
of defining by law what the Constitution
means, settling that by law, would be a
simple impossibilty, aud that no sucE
bill could pass; for you could not frame
a bill according to the one theory or the
other opposite theory without its being
supposed that it gave advantage to one
party or to the other party. In the pres
ent circumstances of our country, and as
the maiorities of the two Houses are of
different politics, it was perfectly clear
that any bill that gave the least advant-
age, aye, the weight Of the dust in the
balance to either party, conld not become
the law of the land. Therefore it was
that we did not attempt to do what the
Senator from Massachusetts thinks is 80
easy to do, namely, to interpret the Con-
stitution in statute. 1t would have
been the most idle work that ever sane
ATTAIN aNfaI ho1 kpinl tp I,
such thing. All that we could do was to
constitute tribunal as honest and inn
partial and fair as we could make it, as
likely to be intelligent and learned and
honest as we could find, and as likely to
command the respect of the country as
any we could frame, and submit to that
as we submit to our supreme judicial tri-
bunal, the SUI rene Court of the United
States, the Constitutional questions that
are involved in this subject. Is there
anything strange or novel in that? Is
there constitutional question or can
there be one that we do not submit to
the final arbitration of the Supreme
Court of the United States? In case
like this, where there is no opportunity
of any such submission, where such
submission would be of doubtful constitu-
tionality in view of the power conferred
by implication at least upon Congress, is
there anything strange in getting the aid,
the advice, the judgment of tribunal so
carefully framed to make it honest, to
make it able, to make it learned, to make
it command the respect of the country as
the tribunal provided for it this bill ? Is
there anything strange in that, and es
pecially is there anything strange in it
when the two Houses of Congress. being
charged with this great duty, reserve the
power to over-rule the decision of that
tribunal and to decide otherwise, if the
Two Houses consider its decision to be
wrongP l should like to know where
here is anything that is Justly SUBJ
ect to censure in proposition like
hat.
But said that / would state some of
he conflicting opinions upon the inter-
of the Constitution to show
With what your committee had to grap- /
lie, and to show what would be the field
# inquiry upon which we should have
o enter if we were to take the suggestion
# the Senator from Massachusetts and
roceed to interpret the Constitution by
tatutory provisions. Let us see what 9
hey are. One proposition is that both /
louses must concur to count the vote. J
hat is a proposition very strongly and :
cry logically supported by able men.
IN the other hand, it is said that the +
rue Interpretation is that both Houses 4
lust concur to reject vote. Right up
n that fundamental question, so impor- b
Int, there is direct antagonism of opin- h
IN. That is number one.
Let us proceed to number two. 1t is n
aid that the two Houses act as one body, :,
8 joint convention, in counting the
ote, and that the opposite opinion is that /,
ley act as separate organized bodies; the
rst opinion having the sanction of the
reat name of Jefferson and nearly all of v
is issupporters in 1900. The second propo- g
ton, directly antagonistic to the first, is
aving the support of the more practical it
zen of later times, and indeed, it had
le opinion of the party in the majority T.
l800in the Government. There is the e,
'cond case of directly antagonistic opin-
ms.
Let us proceed to third, that the
ouse of Representatives is the sole
dge whether there has been an election ia
I'd theopposite opinion is that the House ~ u
not the sole judge, but that the Senate W
rs an equal right to decide. What more b;
lportant question than that was or y, n
uld be mootedP What question more r
ndamental in its character could be
And yet here are the most al
ltagonistic opinions upon the subject al
ritter after writer, men who have been M
iefjustiCes of the supreme courts of 81
cir States, men who have held posi- ca
ms in the highest judicial tribunals of
9 land, are out in elaborate opinions on Ii
q side or the other of that great ques.
m. How are you to decide that in the Iol Y,
i and expect it to pass both Houses of r., ri
ngressP WI
That is the third. Let us proceed to {
3 fourth; that touches the amend -
'nts. 1t is that it is competent to
behind the certificate of the governor,
d the directly opposite opinion that it :
not competent to go behind the certif-
e Of the governor,
The fifth is that it is competent to go !
mind the decision of canvassing or pre-
urning board, and in opposition that at at,
is not competent to do so. Are you do tio
ng to decide that in bill? TheSena. lin
from Massachusetts intimate that if an, an
amendment be put in the bill there COZ COZ
certain Senators here who will not vel
q for it. He is quite right. He knows am a..
is right. He knows it would not get Ids He
, vote on this side of the Chamber bel
| it would not get one vote of par Bet
liar party in the other end oftheCapitol are are
| yet he urges it, and still he talks int,
'ut being in favor of the bill. Why. dist dist
upon that question and upon other viii viii
'stions we are obliged to submit in the F
t instance to this tribunal, composed -
t is, to decide, reserving to ourselves
YER to reverse its decision if the two
uses can agree to reverse it. B
he orestion of poinO hehind q raturn- cou