The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-26

IN Commission whose privilege u
ments Of America dignity and reason, by
showing that the nation was strong enough
forum OF brute force and passion the greatest
question and submit TO legally constituted authority.
Ono OF the grandest Emperors on earth acted
pire in the same proceedings and the 81 900 OBJ
tanned by the decision was vaueless compared with
tho tranquility OF land for a single day-paltry,
indeed by the side OF the inestimable advantage OF
proving the actual experiment that u.s. OF free
mon are able calmly TO confront and safely dispose
OF any contingency or exi2ency which arise, and
that under the tree institutions which they cherish
II Tho who rue,h hrs own spirit DO greater
said OF the grandeur Of millions Who by an act
quiet as the wave OF wand quiet the comm otons
not roposed by the constitution in the two houses OF
Congress- acting separately or together broachcd
prescribing the jurisdiction Of this committed Familiar
ancient times and 10 recent times, deput ing 70
do act for another, the customary phrase with
Ike force and effect Az though myself did it," That
In substance the bchest Of this bill With like force
and effect by you who represent tho two houses for
these purposes as " the Two houses and evory
Parliament were 10 law pressn. always when IuII ana
FREQ conference was held. To you, the chosen depu-
ties OF the houses who on homer and oath rep
resent them IN this Investigation. We that you
authorized to do exactly that which the houses
acting separately or together, night do. Take the
constitution Tor your chart and guide. Whatever II
and the existing law commands, that do--lhus far
and no farther You stand, IN lawyers phrase, IN
who constituted sou ought lawfully 10 abstain DO
nothing except TO deal with that which lies within the
DOMAIN OF your adjudication, and report TO us, who
repose special aud confidence In you all the
sons that move you, all the conclusions 10 which you
come.
GOING BEHIND THE RETURNS
have heard IL suggested that something In this bill
implies the gong behind the faculties OF the States
going benin the lawful exercise OF that power which
the constitution reposes the States and wherewuh
the constitution crowns them This commission may
80 on and inquire at large, ny ciphcrns ny the votes
by gong into the question whether those who voted
wcIc all that should have voted, or voted as they
meant 10 vote, must constitute AS think WAS said
themselves aud Congress one national returning
board-a sort OF omnium gatherum. sort oi
al .he seraps a% ,aer of desSs swo
The law has an ancient maxm-that certain which
can be rendered certain We say In THIS bill Take
the constitution AS Is stands-thats your guide There
you Will hnd run the boundaries OF your power You
shall n Of overpass that Execute It and STOP" But
some Senator says, Why does not the bill specify all
the things these men are 10 do, TO ask the question
Is 70 suggest the answer They spring up the army
OF Rodsrick Dhu sprang from the heather when the
whistle garr,soned glen In the arsl place there is an
irreconcabe difference OF opinion 10 tho
extent Of tho power OF the Two houses or either to pry
into or penetrate the act OF the states. In the
next place worc all agreed u would be utterly mpos-
siblc IN bill TO embody treat'sc--a commentary
o supposabie possibility that might arise. II wins
Dean Swift. think, who mado q written schedule tor
his attendant OF all that he do each several
HIS duties were committed 70 paper, but on Sunday
Dean swift tell into ditch and, calling on his attend
ant for assistance nc produced this schedule and read
H. and said he found nothing there which required ho
should help him out OF ditch, SO he declined thut
worry neediul act oil humane consideration so II
supposed by this committee, as their
only hnitc and extremely finite ut that,
that when they imported IN addition to the vo picked
men OF each house i've experts in the law, men VINO
had been selected IRON the great body OF the
for their training and adaptation to exploring legal dis
tnctions and ascertaning legal truth, It was hardly
worth while for them TO attempt 10 accompany this
delegation Of provisional power with minute bill or
particulars Of all the things that they might
all tho ways In which they might do them. IL might
have been possible NY restraint and exclusion put
letters the eet OF these iteen members vi trbu.
nal to Investigate ana provlsionally INQUIRE Every
Senator VITO hears me, and the Senator 10 whom
most OF nil l address myself on this point
tMr. Dawes), Knows that any attempt to run
the boundaries Of this power, any attempt
by the concurrent action OF tho two houses TO Xix IT, 10
agree upon universal solvent, TO that exact
unit Of value In constitutional Judgment which would
be the demarcntion between tho true and tho false,
although right that VIC possess would have been "a
absurd IN the attempt 10 etiectuas that right as u
would be ridiculous 10 assert tho right TO shear the
wolf, and that right belongs 10 every man whom see
gathered about me.
My honorable friend from Massachusetts. In q tone
which few beyond me heard inquiries whether mean
had supposed that the constitution had raised. not
only hedge and fence but stockade Of limit 10 the
powers which might be exercised under IT, Supposed
that when five Of the most largely Instructed and
trusted mcmbers Of the Senate and avo OF tho most
largely instructed and trusted members OF the House
tho highest and most largely instructed
judicial tribunal OF tho land wo might
trust 10 them TO settle what the Court OF Over and
Terminer that DO wha. u is called settles In tho
State Of whenever 1t Is called upon de-
termIne whether has Jurisdiction to try Indictment
for homicide or not supposed that prescribing the
rule by which It's jurisdiction was to be measured we
could trust this merely provisional tribunal Of selected
mon 10 run tho bounds 10 TX tho lines, TO blaze tho
trees that mark that line tho boundary OF their
Jurisdiction Mr. President, II had heard Alright.
did not, tho honorable Senator from Massachusetts,
should 10 authorized to express surprise at echo
somewhere In the chamber: Where they please.
know that never came from the Senator from Massa-
chussts, because he Ia lawyer, and because he has
paid tho respect OF listening In some sort Tor few
minutes TO what have venturod 10 suggest, and be-
cause have repeatedly said that the
the existing law tho boundaries and believe tho
act Of 1892 Is the only law that bears upon Il No. Mr.
President am wrong about that. Tho act OF lS45
speaking OF the choice OF Presidential electors, also
bears upon II Bet have said that inasmuch us the
constitutlon-that persp,cuous instrument--and the
acts OF Congress, OF which think there but
two. define this power and inasmuch as we
make that the guldoboard. the yardstick, by
which these men are TO measure-inasmucn as We
command and conjurc them to 70 according to tho
constitution and Keep within It's limits-l suppose It
was not rowing commission TO traverse at large all
the realms Of fact and OF fiction, a OF Imagination
OF superstition.
DAWES EXPLAINS.
Mr. DAwEs-Mr. President, will itinterrupt the Son.
ator II say word!
Mr.. CoSKLIXG- Not at oil.
Mr. DAwEs-I hear the Senator state distinctly that
this commission IL to DO bound by the CONSTITUTIONS
but hear him state just as distinctly that in his
opinion this commission. being bound by tho constu-
on could not invade what deem to be the prcroga-
own electors. II l could hear him and
all OF the members OF that commit.
tee make tho clear and unequvocal
assertion l~should be greatly comtorted. Ny discon.
tent and apprehension from the fact that while
hear HIM make tins equally unequivocai expression
Of his own OPINION oil what the boundary Is, hear
Others with equal distinctness and clearness and
positvcness Say that though they also believe tho
commission to be bound by the constitution they be-
ieve the constitution authorizes them 10 60 and
settle questions which In my mind belong exclusively
to the States settle That what troubles me- and
the Senator Will pardon me for iDtcrrupting
him In The way | have in order TO get
as distinctly MS / could from the members
OF tins committee. not oniy what knew BEFORE every
one vi them would say that the commission would
have limit the OF Their power by the
tuition; but, inasmucu one Der oi this commit.
tee believes tho constitution will stop them at
point and uuothc member OF the belle YES
II VIII not, suggest TO the Senator would II not be
saicr for US by statute to limit themS Then shall
Know where the boundary IN.
WHAT THE IRREcOsciLABLE CONFLICT ~.
Mr.. CvSKLiSG-Ihe boundary OF this powo is not