New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-25
. SENATOR BAYARD'S SPEECH.

ARGUMENTS IN FAVOR OF THE BiLL-A PEACEFUL
SETTLEMENT OF "A SERIOUS DIFFICULTY-IHE
POWERS OF CONGREsS-TnE EMPLOYMENT OF
JUDGES IN DIPLOMACY AND ARBITRATION
WAsuINGTON, Jan. plat the evening ses-
sion of the Senate. SIR Bayar Of Delaware said ne might
perhaps be content friend TO this neasrc:to allow
il to 20 before the Senate and country unacconcd by
any remarks Of his had it not been the pleasure OF the
Senate to asaga hln of the minority in this cham
her Ia uace iuOn the select committee TO frame Dill
To meet the ex!gcnces of the hour. Each party Claimed
success for cau1ate and insisted that he SHOULD DC
declared President By the two houses a" Congress- Inc
canvass WAS bitter but The time for Judgment had almost
IL could not be dlsguscd that it had been sought TO
raise An ssIo between The settlement OF this great 1uc5-
tion by sheer force ard arbitrary power and by the
peaceful way Of and reason. This was government
o law AMI not OF rec and IL must not pass away By
The measure before the Senate IL was proposed to
lave "A pea. eul settlement OF Chs dii.uity THIS biil
WAS mean; 10 lt tie great question OF determining Who
hes been elected PfcsleGt and NicePrcslcnt OF the
UatcL sac, out Ol brois and turl,s and leave 1t III
the higher atmosphere Of judicial decision
THE POWER IL CUNGGEss.
He argued that Congress had the power 10 regulate by
raw the of the electoral vote. Ibis ne"-ilhY"u
idea thai the President OF the Senate had the night to
count electoral vote mad only LATELY been discovered
Mr. Bayard then quoted NJ length lrom the proceedings
az hc Constitutional Convention to show tie Intention
Of e Irlnrrs ~ our Constitutions drucd the Psi-
dent J e scdte bad the power 10 count the teotrii
vote II The trainers me Constitution 40 mtSnsel,
how easy 1t would have Been lOr lheh 10
have sad 50. SHcI dociine WA con
rary 10 lie hole uSlc OF the GoNcmment Tho Pr
gent tie nate dit not si;mroI Tie Two ho'5,S o.!
Colgrc, 10 vi,sss lis OF couLg- iEe y6,' but they
summoned hn opcl the ,rIiic;tts IN thcr pc,,bcV
lie referred to CAtuies Oi tbr ptha.E bh ''i
si.d DC sorry 90 near the senator ifom ono or,
sherinlh) speak c id ~ regard 10 selecting IHc hlth
Judge b. cnaHcc. Such r';n4rh Wa, HhJnst 10 Wy
scnaor no made II, unjust 10 the rlbuhl upon WHICH
ST. sherman said II tie Senator CIr BayarjD would
ten Gat the attn ludHe was 10. 20 Dc Selcei'h y!
chance, he Woud t,fhe mis- word and TiihdrlN any r.
MARKS nc tllr. SncrIIa:) sad made IN regard thereto
MI ,ytid sad the language oil Tue D!i az" .ot war
senator OR Snctinanl ~ aging me nh Jhtse
was he selected ~ chanc,-t III e was TO DC 'trcd
by gambling opeaOh On TIC part 81 the lOif Judges
me- BILL CAREFULLY PREPARED.
Mr. Bayari then referred t. the pa Joi1t Rule, and
suid that by yLor caprice, any state coud be
disfr,nchi,,d Of lis electoral The ri now before
tLe Senate was not the prauci OF any one mans mnd,
bu was he Icsa OF careful study and frequent amend
Icut lis iGyIGual opinions Nigh! lead iih |" OBJECT
employ mt o tno Judl'H'i Jihiich ~ an 10 -
graitins 70 any ,AIt'l JH''le"'i C",'S 20, ga ,'
branch Ul tho COY tinn"n', oG 'oniiiS 10 il my p".v
!s. ruii zeal seIst Cf tie g.ei;i Naldc 81 thv
measure ana lhr Acrc Stl ol su'h V'n l''l nun " w.
SUI ph.t. He ~ncntd mat judge Nc.u % as ohVI'h
Cunt vas LomlIa.cd ana tohlh ~ one :" o., '''sIi
CONT conlmSIo that CneJN,''c ID! va sen' 40
..iinstcr 10 Eu-j'e 10 negotiate thc tt't5 "hth la
Ia, niuc; lAt tuci-iIscs Ellsworth va, sent - Nm
Isier 10 SPAN ant t'tt ~ Ia" me ny [ -,
-. the Untd -i;.ts d lrc7eHt ot thc load OI Ike
A.Hts "I tie oi"i'I'sGhidh IhH'iti'N' Il WI P",.
se and coh-;tu. ula 10 cioat no "'j ana J." 90"
lie power aaaJinc ~; ana ,t! were dealing WIN hlc
most service his. t.at tAcl" c.hdc no dJnnt
Il uoMcn. tia, ihey wouG mol 'io'nc L. M, oi VA,
lot, ~ S,..,Dr Eol.i Indiana or AioltOhi Lid
argued, CoEpfUirisc.
~ HONEST ArJrDiCAGDN.
II cny PROVIDED ior al Aon,st adjudication - the
r.is al ali 1t vas comprUIlse IN any sense. but
WAS blending opinions in FAVOR Of trutn and rght n
tho abstract aiuG IN the concrete. But sup
pos it Tds Il CumprcHii,c What was there IA
compromise tIat was GI.-racc.m either 10 m'h
or Iaiums. Trc yer, charter ~ The Government
Un,cr which 1--we Cftatcd 80 tHc spirit ~ e. M
Promise and Ii coHcc>-lVn without t.is spii IA;
Constitution would not a' been mace ana Without Us