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

you would count Go chairs in this chamber. why is
Mr. President lie, me ask she attention or the Senate
TO SOME, and only 10 some, OF those who have
expressed opinions In this regard, and who have ex
Of bill. but opinions rfeconcabiy repusnant to the
idea that the presiding oicer Of the Senate In any
Madison. Thomas Jefferson. Samuel Dexter, or Massa-
chusstts; Samuel Livcrmore OF Now Hampshre-ho
was President Of the Senate; he was the colleague Of
John Langdon, the first President OF the SenatcJohn
Marshall and, may ado the whole Congress OF $500;
Martin Van buren, Daniel Webster, Thomas II. Hem
Jacob CoIiamer Abraham Lincoln. John j.
Crittenden, Lewis Cass, Humphrey Marshall.
Bell and others whose names NV win NOT read, be.
cause beg 10 expend moment IN calling attention 70
the words Of ono whose name did not read, ous
siashes" or "Harry Of the Wes-aiways rang In this
country. was always borne in the heart Of men With
love and enthusiasm never, perhaps, surpassed In
the instance 81 any.
oPiyioys Mr.. CLAY.
! have read In the newspapers that Mr.. Clay con-
cured In the power OF President in regard In
1921 Mr. Clay, Is chairman OF the committee having
reported resolution which would have been absurd
upon such supposition as tha.-a resolution which
stood only IN sharp clear denial Of sucn possibility
said
The constitution REQUIRED Of she two heaes TO assemble
body who had been elected the people I'D
minister their national concerns.
In o OF votes coming forward which could not
be counted the constitution was SILENT but fortunately
the end In that case carried with u the means Tho
votes for President and Vice President or
course they were called on TO- decide
the two houses are called upon TO decide what are The
votes Il being obvious that difficulty would In
the joint meeting concerning the votes OF Missouri
some gentlemen thinking they ought 10 be counted
aud others dissenting from that opinion, the
Tee thought II best TO prevent NIL dacuity by waving
the question In the manner proposed, knowing that Is
could not affect the result OF the election.
Again, Mr.. Clay would merely observe that the DIFF
ass or Ina ~ 1
The committee being morally certain that tho question
would arise on the votessn JOINT meeting, thought t
best 10 give the 60 by in this way.
Now observe, Mr. President here II the passage
that has been quoted as meaning something elss:-
Suppose ,h. no. adopted tho President Of the
And would the House allow that onicer singy and
alone thus virtually to decide the question OF tho
legality Of the votes II not, how then were thew to
proceeds Was 10 DO settled by the decision OF the
Two houses conJonty or OF the houses separately 7
One House would say the votes ought TO be counted,
the other that they ough. not, and then the votes
would DO lost altogether.
LIVING AUTHORITIES
Although did NO, intend to refer to living men,
may schedule among the authorities uil the men who
voted for tho twenty second JOINT rule and all who
acted under II, aud all tho men especially who voted
for the o reported by the Committee on Pr.vileses
session, ana also those who voted Tor the rcso uon
under which the committees havo been proceeding 10
inquire Mr. President, what Is the answer 10 th q
broad decp irresistible stream or historic precept and
examples II gwen by tho honorable Senator from
indiana He SAID
which the President OF the Senate prevent deadlock
must act from necessity.
The honorable Senator from Indiana has stated tina
proposition before. Here II Is In report made W
him the LIST Of June 1874 report which, infer,
In some unusual sense tho expression OF his
viduai convictions, because I observe In u these
words -
30 powerful have been these obligations that believe
scarce instance known where electors have violated
The uso Of the personal pronoun there seems Ia
make this personal aud individual declaration.
It the soemn report Of one OF tho leading CON.
mittees of this body
"Cleary," says tho author Of this report .'Cleary
tho trainers Of tho constitution did NOT q
that the President OF the Senate In opening
ing tho vote Tor President and Vice President should
any discretionary judicial power In determine
ing between the votes OF two sets OF electors upon
the suicency validity OF the record OF the
the election in any State but that should perform
merely ministerial act OF which the Two houses
10 be the witnesses and TO make record but the exer
else OF these powers may dcvove upon HIM
tate rel"
Tho honorable Senator said this bill was contrv.
ance. Meaning offence 10 him, say that II ever
there was contrvancc II ever there was political
He'll Gate, paved and honeycombcd with dynamite,
thsro IL IL. Necessity TO begst power higher than
tho constitution! 10 nuugurate In this Republic o
power withheld by the charter OF the Republic All
Mr.. President, necessity -
Mr.. MoRroS-will the Senator nnish the reading OF
the sentences Ho left of reading one Of my SEN
fences
Mr. CoSkLlSG-Oh, am going to read the whole
sentence. The Scripture says, "a contented mind ~
for the Senator from Indiana to listen TO long, dull
speech, II he will wait moment will read the sen
encs and tho whole oft was saying that that argu
mont in favor OF the two houses acting bring
about necessity, which necessity is create con
ngency in the language OF the author Of report
ciearly not contemplated by the trainers OF the con-
stitution"
ssNEcEssrrY"
Mr. President necessity knows NO law Who 10 10
decide whether no IL called and chosen by necessity
Necessity" that arch Hend In government that con.
venent mother, that prolific mother and apology OF
ANARCHY. revolution and despotism. Since human
government began the pretensions OF necessity have
carried realms and rulers through caverns measure
less down to q sunless sea- Let not the repre-
senatves OF States counive ut bringing about neces.
sity they know not what iraught with consequences
they order or oresee suppose the Speaker Of
the House says that he IL the man of dostiny-ihat
necessity has created him 70 resolve this tangled
problem. Suppose the House says it from necessity
~ 10 be the deus Dachin0. Borrowing q phrase III
the Senator from California suppose any man or any
power chooses 10 deem himself itself called by
cesEty, what will DC the result! Boore reading tho
residue oil tho sentence rom this report turn back,
AS | meant 10 DO, and read rs part vi It u prior
sentonce:-
There Is imminent danger of revolution to the nation
whenever the result Of election Is to be dc.
been irregular or is alleged TO have been carried by fraud
questions examined and settled IN advance; where tho
choice OF President depends the election in state
aud in which one party seyed 70 have tr,umphed ~
fraudulent lnterposition OF Such President would
In advance be she Of his moral power and authority
his Office would be looked and the
quences that would result from thing,
predict.
Mr.. President, IL is because l mean at every stage
which the law and tho facts and the truth Will
rant 10 insist that tho republican nominee has been
chosen Chief Magistrate OF this country II BECAUSE
among other things, believe him 10 be patriot aud
Incapable OF wishing injury or dsparagcrent to his
country that wish him 10 take title TO the great
Office which no portion Of our people challenge with
pretsx Tor asserting he has clu tchcd Yields
usurpcd power, or that he and those acted with
him arc unwilling TO abido by the fruition OF the
stitution Lsnestiy rendered to the end NV, VIII
not forget 10 read the GROWING glory OF This
from the report, "But tue exercise vi this YER"
hvpo tho Senate nus not forgotten them The power
judge aud decide between conflicting certificates tho
power cast the die in n PRESIDENTIAL election, tho
power TO exert faculties oven more trascendent than
thcse:-
But the exercise OF these high upon
him Cd, anu whatever decision may make
between the two sets OF electors upon suciccy and
validity OF the whether right
OF the electors to cast votes whether they