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

cannot handle and scrutipise and examine and tabu
late all the contents true and false, OF these electors.
lers? This eyes, the ears the hands Of the two houses
That IL ALL The proxies OF the two houses % stock
men cannot do IL. They may delegate two men for
each house TO do it. They may appoint COMMITTEES TO
III. That is what our fathers proposed They called
THE COMMISSION A coMMITrxy.
There is no harm in my saying that, as meuber OF
the committee that proposed this bill. wished this
tribunal 10 be called committee, but names alter
nothing: IL 10 committee IN legal force and effect; It
represents the two houses telers would represent
them--no less committee because fvo members OF
the highest judicial tribunal part OF H. Is ths
Silver Commission. at the head Of which stands my
distinguished friend from Nevada tMr. Jones), less
commission Of tho two houses because experts, three
house belong p Suppose %sm0 sss eos
ton made It the DUTY Of Congrers to observe
Of which, the HON. senator lrom copnscs!cu, M
Eaton) ought 10 be one Suppose on that COMMITTEES
were placed Professor Henry, 10 guard the Senator
from Connecticut against the observing Of Venus In
place OF observing Jupiter Uaughterl-would the
committee or It's character be destroyed BY tho pres
either house / understand that very recently
confess u had escaped my observations commission
70 reorganize the army, and on that commission
dtsting uished men not members OF either house.
Is Il void commission Tor that reason 7
II shall happen looking that The General Of the
Army is ON this army commission. would any man
supposed in TACT In law other that the commission
was impaired, or even that Il was not strengthened
and dignhed by putting upon u the foremost
although they were not members OF either house! The
honorable Senator from Ohio that judges OF
the Supreme Court being officers ought to be confirmed
by the Senate. II their functions were such
ascribcd 10 them think thoy should. He said they
were TO make President. lnasmuch as the constltu-
ton provided that the people do that. and
they refused TO allow cnhc, house to do II, | quite
concur with my honorable tricpd that II they
make u President they ought al least to be confirmed
SHERMAN STATES THE EXPERIENCE
Mr.. SEERNAS-li do not interrupt my ircnc-
Mr.. CoSxLlxo-Not NJ all
Mp ctsu 4 xvtllu nj IN i'm IN Hor
between what called the Silver Commission AMI the
Army Commission, and this commission to make
action Of validity, aud either house may disregard
u; and 50 with the report OF the Army Commission.
| But when this commission 10 make . President re-
ports requires the affirmative action OF both
consentng thereto TO undo their work.
Mr. CoNktNo-ML r!csaens' ~ o',Sn nappens NAV
terrupts him intcrieres with something which very
important to him. When tho Legislature OF New York
repealed tho rule In Shelley's case somebody asked
Chancellor Kent why he did not strike the
chapter in his commentaries relating to the rule
in sheley's case. The old man said, "why, Il
| 10 one OF the admired portions Of tho
I work. How could strike QUIT" And
here comes the Senator from ONO no interrupts
one OF the most important things. IN my estimation,
! which want 10 say something about lAr. Sherman
SHw nope viii III will ns'p0ss
then
| abc friend viii keep It back. because have very
definite theory on that subject ! am going to re-
hcve tho Senator presently, and am not gong
dsputing the doctrine and demonstrating the aiiacy
OF that notion put forth now in this chamber for the
third time The honorable Senator from Ohio thought
that these judges Of Supreme Court should
hrmed by the Senate IN order u act on this commits
sion. Ny honorable friend from New England lAr
Cragin who SITS behind me. calculates from his seat
that They have been once" and IL Is a most rca.
sonabe and pertinent suggestion. They have
once, and on that nomination OF tho President and
| by tho action OF this body been ccrtined
or Mr. Benton would have said, ''been certncatcd
as picked from the whole nation Tor their illness
| evidence,
| law" They are anonied with confidence tor this
Ohio IS That this bill establishes oses say that it
merely appoints committee. say that from time
immcmorial In England, will venture 70 60 back
TO tho Battle OF Hastings. which WAS Ia 1866, IRON
time In England whereof the momory OF man runneth
not to tho contrary, parliamentary committees and
only OF members, but OF persons not members Of either
house, therefore not officers: But ! answer
all s,ncereness his attention, because think
| II will disarm the particular objection he
impose upon national officers additional autiess Is
there any officer in the government upon whom Con-
gress may not impose additional duties and II there IL
such an Office II DO created by C0ngrersf I
kpsv the Supreme Court in The case Of Pregg vs.
Tue Commonwealth OF Pennsylvania that justices OF
the peace being State officers were not bound under
the Fugitive Slave oil 1898 to comm ssioncrs
But SAID The Court II they do act entirely
pe,ent but not being national officers, Congress has
no power impose against their consent, upon
them But what said tho first Pension law pass cd
nIter tho OF the constttut,ou under.
took to make judges Of tho federal commits
sioners by somewhat bunglin2 phrase. II spoke
| Of tho court, and not the judges OF the court
and quercd wbethcr, Under that language, speak
Ing Of the court there might be criticism made upon
| II. But did anybody ever deny that Congress mad
inn,ss,oners Of pensions under 40 Pension acss
think II was never denied Docs tho honorable Sena.
employ a Judge, whether OF tho Cour. Of Alabama
Claims Supreme Court or any other court to settle
contested boundary between States or 10 exert any
other faculty essential TO the public welfaref submit
again to the honorable Senator from Ohio, In
to his objection that the two houses. from beginning
to end, make this examination. They agree bciore-
| hand 10 make il in particular way-tO mako 1t by
committed. That committee ncarnates ths two houses.
1t Is tho two houses
CONDITIONAL DECISION.
BY action beforehand they agree not TO DO bound by
what the committee shall do, but to modo in which
this examination shall be made What Is the under-
standiagY That the committee decide only pro-
vlsonaly, only conditonaiIy The two houses retain
the whole thing TO tho end absolutely IN their grasp
senator said yesterday, and II has been repeated
to-day, That II the two houses 10 approve what
power 10 another, lot an asportation 10 deputies Of
The power ot the two houses but the exertion OF
power by tho houses themselves
Mr. President, TINS biIl precisely that. This bill
prov idcs that the examination beng made by the rep
rcscntatves OF the two houses by those who consi-
tute tho eyes aud cars and hands and faculties OF the
two houses and that aclion reported Professionally, II
shall be deemed the action Of the two houses unless
they disapprovc It, When / speak 10 tho honorable
Senator from Ohio speak to lawyer. and beg him
to remember that the supreme Court or the United
States when eight Judges Sit and decree OF judpme ut
comes up from the Circuit Court below, by u iorcor-
dained rule provides that II TOUR judges the
decree and four judges against It, the decree Is affirmed
II becomes the judgment OF tho court; no, II viru.
ally becomes, In that case, tho unanimous judgment
OF tho court. Why's Because the court uuani ousIy
in advance, has ordered and decrccd that that DIVISION
occurring II shall be tho judgment OF tho court
MoRToN's RETREAT.
Tho meeting OF minds. although 500 the honorable
Senator from Indiana moves away. tMr. Conkling,
while speaking, Ind advanced toward Mr. Morton's
desk. Just across tie aisle.
Mr. MonroS-I re,rea,ed us far as could-(movcs
away
Mr. CoyKLIyG-Mr. President, the honorable Senator
from Indiana observes that he has rctrcated FAR
! he could. That rs the oUgation laid ON nm by tho
common law lie is bound to retire the wall veiorc
he turns IN resistance 10 do and having rctrcatd
| as Tar as he could, venture 10 make to HIM TINS
suggestion. within very recent period II was
proposed In this body 10 import the Chief Justice Of
the Supreme Court Into this proceeding, and of him
ana the presiding officers OF the two bodies
tuto tribunal which should DO the umpire cast the
q Lal iaYaA