, 1877-01-24

TIE ONO SENATOR OPPOSES THE ELECTORAL
COEST MILL.
WAsu1xaroN, D. e., Jan 23.--ln the Senate
this morning consideration Ut unfinished busi-
ness was rcsumct!,-tle blll In regard to count
ing tho Electoral votc,-and Mr. Sherman spoke
in opposition to II. lle said when the Select
Committee was appointed to consider this Sub.
tcct, ho expected rs mnttvr OF course, to he
able to yotc for tho bill reported by the Colt,-
mit,cc, bccausc he entertained the highest rc.
srcct for the members ot the Committee. 1t
was painful for him to dissent FROM tie views Of
men whotn he esteemed no highly, but, after
tho brief examination he hal giycn the meas
urc, he thought II w:ls his duty to oppose 1t.
The bill was tO maku 4 court to decide casc
already male up anil there were provisions init
INCOMPATIBLE WITH TisH CONSTITUTION,
Such 1aw as this WIS tp,eyil example, ahd'i It
could not BE- sustained Under tho Constitution.
The questions heretofore discussed ]'aI been:
1'lrst-Shnli the Pre.t!eut of tho Scnute count
the yotc1 Ecruu1-Cau either House admit 0r
exclude votca 'fhini-Gan both Houses COLI
curing 10 sol ToustlI-Can tho Ffc:-rrcslicnt
decide II tho two Houses Disagree: The bill
presented other questions, wl,lcI, wrrc IT moru
Eravr und scrtullA character. 1t contained
four {,raposltions: Ftrst-Thut the President q.
tue ecnate had nothing hut to preside And opcu
tho vote: Sccond-Onc llousc ot Congress
eannot rrlcct vote. ThIssl-Ihc two IfuNacs,
by collrl,rring yote, may ,ln 70; nnd. Fourth
II provided ftr tisaa Commission, t,e tsres
Ion OF which u.Ist Go final unless nEtrrlle1 By
thc coneilrrtng yntu Of tho twD flouscs. tic
then argued tiat fhr bill was
UNCONSTITUTIONAL,
nnd he particularly uppn.cl t(hs clause proyh..
prc,nn Court M n,cnhors Of tl,c Commission,
lie aIso opposed thc bill bcrause II undertook
to delegate llc powcrs conferred tron C,rlgsrfs
| tn IL calnn,tssai,. II "aa ~. ustuul VI the luz
TINT legislative t,0wtrs g.at. not hu delegated.
| lilo sra,t fr",. yari"ns legal authorities, aud
argued that tho bill WIS lnteulle.i to apply to Il
| ra-tt past, cnIctf. sud ronrultu, which vas
clrarly u,l,"IIetitntsnnal., II Ia'srr - make
delegate u po"er "'itl' controlled the sotp III
| states tn II IlrI;eA tribunal: innti,rr feature
Of tlln bill whith rofata thc Sprit Ut the Cun.
st!tt3un Was that authorizing tho appoint naclt
uf committee III Ilyg members Of pArll Hoist
us l,e,,acrs Ut Il commission, mt to taku dep
os!tions md report ~ utter tnlnhlltters. hut
| t., be beyond the rGntros u the Lwu liOtltrn
after bciny organized. The Constitution rr.i.
| yilts that no lncnllN5 u cIt!Irr House HhaIl
hull an niilcc created while le holds atat In
| Cnngrrkx.
| ,r. Sherman then spoke Of tic l,owrr anst
duties Ut tlh: CtEnlnsttt't authorized lIy llse
It'll, uIld ns1iesl II It was tu take the returns
CERTIFIED nr THU sTArE nTrHrnA.
| II 10, cseryHn!y knows wIso wnsIu lie rsett-
,lcnt; hut If this Commission was IL b. allowed
0 70 l'acl at thu rttlfns, tiutl nnly !sn1Eh What
uynn tpt,--thr sllanco Width selected the fifth
! Ju.o ot the sur1cInr Curt. Win wou,i bc tt.c
t,tscnih member Of the Commlsalhn.
Alr Thurman eaia ahis till tsnt to the Conf
mission VII t}uchitlns nf lAW a. well us uf fAtts.
ltuw tho Commission would DECIDE nn onc
ull,l,l tell.
| Nr. shrgtnan-"N.,, tir: that depends upon
chaurr:" Continuing 1i~ aF;nr'ent, liz slita
> al.Ih
Eieetorst given According to law. 1t srtrcttl q
Cultrga Ut Cardinals. secret tutelatr. III elect
President. Why not count tlr Electoral vote
juat as it llas tsrn counted ts|"tH-tap times
during tie History u tho Government!
II WAS knuwH By thu selcrt tDn'nl!ttfn that
In Hnr House uIe political parry wus III power,
and In tie other tin ether pol.:e'l l'arsy ilasi
contl&f TIE C"usn!ttt" knew that III The Ssn.
atr tureu tuenrts uf tt,u malori,Y and twn Gl
lllu iuinority would b. atInn!ts.i HlrI..herF nt
llle Ea1llli, sion. aild in tic House u Repre-
| s4utatIye5 Ills AaEau rllo would he lolloM cI
Thus t!le members OF thu Commission repre-
senstnT cavh f3au.s uf Cntgress would
| H.ETAAIEzk xAcH ur!iHIs.
lIn dill not say the members u the Commission
u.ttas u,'t r,sa ai"'se party p!cdlltSt:ous, aud
s.'4o matter. 4.,or's y 'a~ LS 9,ns' ,,ns,
e dvae5s sdss' ,hst IT III o sOs'as Eoas jaast t
designated, ~ bill were ss!er!cd IN a'nun
1t was s.sige ttat alt III that vast rct;io.. lyins
trtween inr Allcgl!any Mountains and tl't
mississippi lslycr lls.l hecu eAclndso from tn
Coust. Ike argued that the four Judges Wes,
selected un u,vount ii their pol :tical up!nons
txn representing elthce party. The tiftn judge
anu tlin hflrentA lneubcr Ut ll4r CoMtntssion
WAS to he decided ~ csa!sce. 1t w.s virtual,
.lrytdlng by chance who would tu th'
President at thu Unlte1 State4. Why wa
tlle Chief Justice excluded He (shef
mau) It'd Tut ltkd that. II he WI
would accept the bill, but be- dla not bcliest
thexe WAS any tiAuger. Tho Court Ut the Com
mission authorized by thls bill was not author
led under tho judicial puwcr ol the Coustlta
ttotl. Il VISA to' BE-
/ POLITICAL COUNT,
aud was not authorized bv the Constitution I
III. Ho thought tic bll was traee2hle to hl
because in tho dubAte J&aF Ago hs sll4dDHe
the very pkoposltIoas OF thik bill