New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-25
Mr.. SARGENTS SPEECH.

EXECUTIVE POWER AND TIE Rights OF STATES
WAR PREFERABLE TO DIsnoNoR.
WASHINGTON, Jan. 24.-The debate on the
Compromise bill reported by the joint committee was
opened this morning by Mr. Sargent OF California He
said he had underworld bring his mind 10 an assent
OF the provisions of this bill; first, because he desired
that result might be worked ont OF this complication
which would be satisfactory TO the whole country and
second he desired that equal and exact Justice
should done every candidate voted for at the &tc
Presidential election. and TO each OF the parties Wh'ch
put those candidates forward He aid not believe any
expedient which could lie brought forward would accom-
rsh these results and he felt this bill would not do
So The oaths forbid careless legislation,
and patriotism forbids experiments ucn measures wherc
a constitutional doubt existed He WAS not sure tat
this bill would satisfy the hopes Of its promoters There
were elements Of weakness and INDIGESTION in it; there
was suspicion OF unfaiiness about ltnore than ss-
picon; there was almost certainty that there would be
unfaness under the bill. 1t gave improper powers to
The tribunal which it created-pOwer to 60 behind the
dcclsonof the in matters cOnfded to them by the
Constitution. If fairness desired then the organ
izaon OF this tribunal most unfortunate, because
the result 10 be accomplished depended upon one man.
and that unknown
CONSIITU TON Atty AND FXPEDIENCY.
The supporters this bill had addressed their aTgu-
nens to the questions first, is it constitutional and
second Is it expcdeut9 To his mind 1t was concusvey
shown that the fralners the Constitution did not in
tend that Congress should COUNT the electoral vote or dis
cri,nuatc between returns thcy intended that THIS
power should lie lodged IN Ihe two hoses OF congress
very few words would have made IL certain Inc Iact
that those words used showed that tn"y lh ol
prooose to lodge this dangerous power the HOUSES
Of NEUTRALITY-SUSPICIOUS. because by its the two
houses Congress could themselves create the very eT
gcncy where the Constitution provided me hols, Snn
eject President and tie Senate Nicclresdrnt OF the
United States If questions which tue Constitution
rested entirely with the states were TO be submitted 10
the houses OF Congress FOR arbrament there would
be hargan ana ngne Sc nv wH c pe ~
Tribunal composed Of members of Congress ana judges
action of the states in violation Constitution. The
President of the senate occupied the char ana counted
Government. No matter if he had been put in that.
chair by he vote Of tie Senate he was us mitch pl cI
the Executive Department OF the Government as h"
bad been elected NcerIesident by direct vote Of l'
c,y oV2crH The toycr6rnt lodged IL the Presi-
dont Of the Senate by the Constitution.
TIE RETURNS CONCLUSIVE.
He argued that there power to 60 behind the
returns from State. The States themselves were
charged with the duty OF making these returns, and
necessary they could examine tie polls 1t was not for
Congress to step ill., Tie States were 10 determine the
manner in which electors to be appointed The
rclred, against false returns was ample and complete in
ate tended strip tie executive aud even The lndl-
cal departments OF the Government OF theF unct'nS
BY the Constitution. He argued at great icnetn
frat the fIamels Of the Constitution Intended
that the President of the Senate should open and
cOunt the electoral vote, ana quoted extensively
Of nose who sat in the C,nst,iationa ConTniion.
He claims that the clause now IN the Constitution ~ re-
gard 10 counting the electoral VOC a. ~ M's
agreed upon 5y The convention, read NJ mcS'c Oh
the senate shall open tie ccrtHcatcG and te vote man
he then and there counted in the o the senate
and House Of Representatives." Ii WAS referred to - re-
vsiHg committee, and aiter"a!d reported bdcE 1" ied
as II stands in the Constitution The rncmhrIs Of
the rcySory committee in the convention argued tiat
the meaning of the clause as revised was Substantially
the same originally aHeed upon. Inc 'Ols'it"IoH
did not deVoVe single function upon eitheI mouse on
Congress n making tHc count il did not recognize the
two hOases of Congress in JOINT c1pacF ~ TefG Eau
been gradno nirlhGrmth upon tt 'GI d y, we
lem 1f he
the clear llgh Of The Constitution The House aud SEN
ate during the count were mere PASSIVE spectators
A PAGE FROM HISTORY.
Mr. Hanlin Rep Met interrultng. said he held in his
hand the returns the State OF Georgia OF Io0
could find no record OF any objection made to the ~;
OF that vote But there q tradition that the teers
handed return to Mr. Jefferson. VINO handed b2"s
10 The tcllers and decided It inls be counted II vas
counted as history showed There was no SI.,hcaT az"
Svh19'i'g 1hG ,iai ~ -, ' - ia, a. soly j@ votes
were given for ybody Clearly il did not conform 10
record How could il be counted save by he decision
The person in whose custody II was-Ihomas Jcnc.ton
then Viceprcsidcnt % the United S:atcs. The electoral
votes were never in the custody Of the senate ana ioSe
Mr Edmnnds (scp VT said # tire Senator from Maine
would take The pains Ia read the cotenroraneos rs
tory OF that event be would see J, stated hai A rn
examined it and entered the number OF vote, Tor
in the proper column. Tnel then passed i 20
voted so-andso; there was no objection, no dcpaie.
bill before the Senate, II passed, would do harm II
broad ami far-TCacding IN It's character The erect
OF Il would he weaken IN the minds OF ali reverence
for constitutional law.
DEGRADING THE SUPREME COURT.
He opposed the bill because IL degraded the Supreme
brought the Judges into contempt 1t brought
the Judges Of the Supreme Court down TO the muddy
pool politics compelled them to wade through It,
Of the hypOcrtcs preensi0ns OF this bin was that
IL wa not desied to prflndire t1f r1Is OF ie Ts
Dt that TIE courts We're 10 DC l'It OPEN "a htt' ty,h
He then referred the selection Of the Judges OF the
Supreme Court and asked what justice there was IN
the Judge cDrcscDtlng the Nnth DIstrtct 10
represent three great STATES Of the FAR west when
had voted in opposition 10 him, and the opinions OF
majority Of the peolle Of those states diamer
cy opposed the opinions OF that Justice tGc poles
10 each other. The same thing might De hud ~
regard 10 Justice Clifford These Judges were selected
on account Of their political opinions not on account OF
their geographical location
then referred to the clause requiring five members
Of either house 20 serve the commission, and sad:
Suppose ihc Senate should appoint on us committee
tire Republicans aud two Democrats, and the House
should then appoint five Democrats, the Senate would
be cheated. both Houses should act fairly
appointing the Committee there would be seven Demo
Gratis and Republican,. Ihese IA men must ST as
spectators watching the result OF the nfteenth man whom
no know. or course men OF pronounced opinions
would DO placed that committee. Tney would bo
placed there advocates TO convince the Fifteenth man.
SURRENDER or REPUBLICAN RIGHTS.
lie objected tho bill because Il invited political
party defeated by the ordinary forms TO clanor for
Other chance He argued that Congress could not 10 be-
hind tie OF the Louisiana Returning Board without
committing an Institutional act. The people would
not decision Of tribunal without precedent
without sanction The people would behind TINS com
Initiee this partisan returning board 4ie did not be-
leye that civil Threatened. III II did, tins bill would
no. avert H. Speaking for the people OF his state who
cesircd injustice and would yield TO none, he objected
~ bill because II prevented this grand returning
hoard from hearing statements the Republican party
might have make in regard 10 tho electoral vote OF
Mississippi and several other states lie Objected " the