The New York herald., 1877-01-23


% valid until confirmed by both houses oil Congress
there would bc delegation OF power You could Just
as well provide tha. shall 10 binding unless reversed
should be absolutely binding aud that there snail be
no appeal At all. Here you create court aud you
give appeal from this court not 10 higher court
known TO the constitution Of the United states but
you give appeal to the Congress OF the United
States provided that II the appeal shall be sustained
by both houses concurreny the decision OF the court
below shall be reversed
will say word iurther in regard to the biL II
Is a fundamental principle OF law In connection with
the election OF President, in preserving and defining
the rights Of the States that the action OF the States
shall be received unquestoned by the Congress oil the
United States or BY that power-whatever It may be-
that shall count the votes aud any authority Conferred
upon TINS commission or that might be conferred by
or any other agency selected TO go behind the Return
ing Board OF State and count the votes would be- in
my Judgment gross violation OF inc spirit and iet'er
OF the constitution, revolutionary. and the end OF
Presidential elections under our system.
THE JuRisDIcrIoNAL FART
wish briefly to call the attention OF the members
OF the Senate 10 this bill speak Of tho Jurisdic-
tional part of that part conferrng jurisdiction upon
this commission, and II 10 the vital part OF the bill
We need not deceive ourselves tor q moment about
this business. We know that both parties looking
nently to that question and at that particular point
We need Affect he obivious OF II here. but we
understand shat the decision OF this Presidential ques-
tion depends absolutely upon that question for II tue
principle shall stand the action OF the State
thoriesthose who are appointed 10 count tho votes
aud to say by State laws who are clcctedRulhcriord
b. Hayes is elected, and Mr. rden cannot be counted
in except by overturning that principle IL is ali in
that, and the able lawyers OF tho democratic party
this door every where understand that Just we'll
we do call attention to that part OF this bill
which gives tho jurisdiction to tins tribunal.
Every objection shall be made in writing and shall state
snarsS Shall be Sighed by at isas. ono senator a a"s
.Ss be- S Ss S sem of esGs ss &
soS or ss" nnse a ssn re
oSeesed to- md ali papers X same ,osehcr
win sven oeseSns .nalS Sr.nwisA submitted % s"id
the same 4 any now possessed Tor that purpose by
may here remark that the bill proceeds upon a
theory dinerent from that OF the senator from Vcr-
mont In hs argument He assumes that the constitu-
ton does locate this power anywhere, but that II
is TO be located by law, while the bill goes upon tho
hypothesis. that this power Is located IN the two
houses and that this commission shall have what the
two houses have, more or less.
Which shall proceed consider the with the
powers any now possessed Tor that purpose by the Two
decide whether aud what votes from such states
o m y an % "s ns &
pointed electors in such states aud may therein take into
shall by constitution now existing be
and pertinent in such consideration
First, they are requ,red.to find what the con.
st,tutonal votes OF State. They required do
thing there which, In my opinion, the constitution
does not authorize-whother the power to count The
the two houses. They are required to find, Tor exam
pie, under that provision whether tho electors were
while | maintain there time or place under
tho constitution when the votes are counted. Tor
INQUIRY OF that KIND. The duty Is short and simple.
The President Of the Senate snail open the certificates
IN the presence OF the Two houses aud tho shall
then bo counted. There is but one thing to do and
that is to count the votes There IS no time there
place TO try the eligibility OF the electors.
Suppose II should be sad, II you please. that the
President HIMSELF the candidate is not OF the
United States; that he eligible be elected and
that the charge should be made when tho votes
counted The candidate takes issue; hc says he
Is citizen, was born IN ths country Or ho
says he thirty-fve years old. That may DO
denied, and issue OF fact arises. Can you try that
issue then2 Will you count him out because you say
he not thirty Ave years old, when he says he is ?
You cannot Try that question OF TACT then. VIII you
count MN out because II Is said nc wns not porn IN the
those living who were present and can prove H. II
that issue made you cannot possibly try It at that
tme and so with regard 10 electors II they suggest
that cIcctor was not eligible; that he post
master, II you please He muy deny the TACT hc may
insist the fact that he had resigned bcore that
Is there any time or place there to Try
the issue OF fact whether he was postmaster
notY Whether he was qualified not
to become an eleclor? No, MIR. President; whoever
may count the votes there IS time place when
houses together the President OF tho SEN
ate 10 open all the cestncaes; that does
every kind OF certificate that may bo placed in h,s
possession. IL does not mean any paper that may
purport to be certihcate but ho Is to open all the
certificates from the electors OF the several States and
tho votes shall then be counted The votes IN those
certificates be they good, bad or indifferent be they
for an alien or bs they Tor citizen Of the United
States, at that time ard that place there ia
but one thing do and that Is TO count tho votes
That the candidate 10 not qualified 10 DO elected may
be SAID; that the eector was not qualified TO be
eector but you try that OF fact then aud
there. There but one thing to d0 ana that Is TO
count the votes The President OF tho Senate has his
from the eecsors Of the States. He is no. bound 10
open certificates from pretended authority from
siders, IRON persons unknown officially.
am gong on little further, Mr.. President This
bill requires tho commission to find the facts whether
these electors were duly appointed. We will Just
put the word ''elcctcd" instead OF 'appointed;'
this connection tho
thing They are required TO and, Were these electors
duly appontedf They are not required to ind
whether they have been duly certified by tho State
authorities as having been elected No, sir; but they
required to find the fact We're they duly appointed
elcctedp II It had said that this commission shall
nnd how many electors there were, aud whether they
duly certified having been elected by the State
authorities or the Returning Board created or that
purpose We could understand that but thcy arc re-
quired " ind tho fact as to who was elected,
and thus, as ! understand this bill. they
are required TO go behind tho returns from
the States Ii u was intended that they should lind
who had been certified by the State having been a
pointed or selected that would simple and easily
unu erstood But tho biz quietly and innocenty re-.
quires the commission TO hnd the TACT as to who
duly elected Then IL provides that Tor that purpose
they may therein take into view such petition, dcpo-
stions and other papers, II any, as SHALL by the con-
stiuton and now existing law, be competent and per-
t,ncnt In such consideration. In 0udng the
fact as 10 who was duly elected they are
authorized TO take into consideration petitions
unsworn evidence, depositons, papers OF all
knos, everything that may be put In for the nforma-
on OF Congress. il these things are not To be consid
cred in determining who has been elected then the
references Is useless. II this commission is to be
troed by tho State authorities, by those who have
been certified elected by the returning officers Of
the several States then they have no occasion 10 look
at these petitions, memorials and reports. The bill
invites them to look ut these papers, invites
them for purpose. and there can be no
use in looking Them the other principle OF law is
to be Observed that they are to be governed by the
returns made by the officers OF the several States
Now Mr. President, think do the intelligence of
these distinguished democratic Senators but justice
when / say that they would not 20 for this
bill except that u gave them chance
for tho only thing that count Mr.. Tllden
and that is to go behind the returns. OUTSIDE OF
that he has no chance, no possible hope ana that
these distinguished and eminent lawyers 20 Tor dill
which at tue very beginning cuts OF and shuts out
this their only hope must be excused for saying that
do not believe II.
Mr.. President, 1 am not aoo to proceed further
to-day.
SPEECH OF MIR. FRELINGHUYSEN.
Mr FRELrNGuuYsES, (rep.) OF N. j., sad:-Havng
been appointed member Of the special comm iitee