New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-24
SPEECH OF MR.. TUCKER.

A LEGAL AND CONSTITUTIONAL ARGUMENT IN FAVOR
or The COMMITTEES REsoLUnoNs-THE SUPER
yIsORY POWER OF CONGRESS IN TIE COUNT OF
THE ELECTORAL VOTE.
WAsHINGToN, Jan. 23.-At the close OF Mr..
soelycs speech the report OF the Committee on frV
jleges Mr. williams rep. WIS., replied 10 MI Willis
speech of Saturday defending both against the charges
OF oppressonaud tyranny. Mr. Tucker tDen' VAL theh
made constitutional and legal argument in support Vi
the resolutions In Analysing the constitutional pro
visions on the subject, he said that in the opening anu
the counting OF votes, and III the subsequent sseS Vi
the electoral procedure the President OF the ssnatc he
Senate and TIE House of Representatives had iuhcos
to perform which now most important 10 DC dc-
fined and which were the subject OF this great discus
sion One remark he would make, anu That was tha
wherever else the power and decision might be repose
il was clear that 1t had not been deemed saie 10
intrusth /, the existing incumbent OF inc rres'uoH.
office TO leave him the determination OF an ciecoh
in which he might be candidate and to suppose tnat IL
would he safe to it 10 him, was so foreign 10 inc
tbougLts OF the trainers OF the COnsti uton mat hs
napc had not of en- mentioned in of the clauses
concerning the Presidential election. He proceeded TO
relate The history Of constitutional provision, and to
argue from it the power to count ana declare me
electoral votes was not reposed IN fTesiuehis o ,o
senate the idea that the House OF Representatives,
based upon the VIII OF the whole people, shOnd pe con-
tToed in its constitutional powers ny le mat H9t IT, ~
the ogarchy OF the Senate, but OF The creature OF trt
oIi,rrIy was too prcposterOus 10 be believed. Inc
Xrcrd used the Constitution, 10
his mind, most impressive. IL purporteu more .Han
being in the same room. Radically 1t meant u" peihg
before" -. -. .
II indicated in all legal procedure supervision Dy
present superior, prompt and ready 10 cDhtrOi 10
,ard TO aid 10 defend Every thing done IN the pres
ence OF q court was done under ts protection ana con
troll The game sense was found in the sublime appeal OF
Moses 10 the God oil lsTael Ii my presence DC hot
Wi1h NE carry up hence. IL dld mol ieicr 70 tho
omnpIc>cncc of the Deity but it meant presence III tue
sense of superiIcndcnce direction, ana care Lac u.s.
of fine word priest in that clause ol te CostlIu
ton meant active, vital, cOntronS and nGtethin8
spcryi,iop whole II IL ala not mean
that than the casual
presence OF bysandrrs of the crowd III tc taeiles
Ii could be that the House was 10 Dc present hcTey
IN wtucss mistake which il could not IOrDid wrong
which it could not recy, or fraud which IL cOnld hot
Illustrate On sucn CONSTRUCTION as was Cohthu'u Loi
on tnc opDOsltc side the majesty Oi the presence O inc
two houses became solemn IdrCe dllno SNOW, IN
pageant, and my tnicu iIinDuS. he prOcteu'u
to aual ze the meaning OF the word count tracing
TO the Latin verb compute anu 10 Inc iIcicn |cfD
c0Dr which meant to compute, To weigh 10 Naiue, To
distinguish ana c0ncndng that the hoton Oh mere
enumeration last in It's larger meaning Vi ulscIh
lnatlu2 estimate.
I'm cJnciuSion. lie favored the Electoral Compromise
hill mol because exactly fulfilled bis precOcel'c u ueI
apout the tribunal be created Tor counting the ccc
tOr VOTE because Inc conceived y csachtll To inc
peacp OF the country. II CnlcanoIl anu
aise devices were 10 succeed placing IN tie PrcS
d;ucy one whose lille tainted with fraud. the moral
ty nIaulcatod in unpublished poem hall century Ola
Hence if Won have a son. would advise--
Il pros tCis ~ llr olai' 1OG spOii-
Irs,ead of GrOiu,. let lin Study iiOyIt
And II he a turn Tor pretty trichs,
Indulge the dcAteOus cut ruie some great
And stocked pack nay make him Ia President.
Al the clos, IucArIs speech thc !uI''r consld
GRAFTON d the resolutions Was postponed al tomorrow"