New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-22


wssa a% spsnf sSs 20, oes rest so ris WITH
that allows % stiese are go numerous that tne
whole day might b. spent upon thel
CorEAIpoRASEoUs CONSTRUCTION or THE coNsrt-
TUITION.
There is one other topic which will only just allnde to
at this present time which OF bears upon It, and
TINT s what called the cotemporaneous construction OF
the such II has been said by many
"fs he STATEMENTS Of newspaper that for great many
wears occupant Of yOur chair has. with the qus
Il i Implied si that must be the true construction
OF the Constitution in the present because Tor SO
whatever the time may belt had always been done II
that were IL would be entitled to weight IN the con-
material inquiry as 1t with all Of precedent. is
to know whether It Is true to begin with. Now deny
der the Constitution. and when say that, DO not
to that the President OF the senate
sense, although suppose az matter OF fact That from
limo OF John Lansdon to tat Of Schuyler r, G sham
will take it for gned that as ,Song mater s 81 sas
he ala matter 4 the Of ras every Instance
telera who sat at the Clerks desk ala all an
years OF tho Rcpublci There instance IN
which paper coming from State under its great sca
electors the certificates Of the electors themselves as
to- h0T s1 e ha that asH of ah s aats
had 10 deal with exactly the sort OF thing thai yon
had to deal with when Yesterday you aid before ns,
OF Senator public act Of that greatsate IN CONDITION
of and order with only one goyernent or pre- ire
universal OF all parties although II IL tu OF
here wa. nothing for you to decide II you had
decision. That was all you had to door te aGt 1i
certify to the President of ,ho Senate who has been
elected. suppose yoa were to assno on sio ST. OF
that was the certificate Of the Governor, ana tne
Constitution says pretty nneh tho same thns IN
this case, woald ever think OF doing such tingi
I rather thlnk not But that Is litto on what was
saying about the precedents on the .s occasion when
vention, in order TO pat the GoveInment mo
tincaes. not to the President of the Senate as the
Constitution in explicit terms says Dnt 10 me 9eerety
moi vet having a Vcc-President aud not yet having
constitutional resdentior the Constitution says mat
and it is only in his absence tAat a Prcsi-
dent pro ten. is to be opponted-a President
Dprposs Of opening and Counting as the words
are. electoral votes. what did t mean Is there
anybody who who believes that That Consuu,
tiOna Convention by these words intended to command
the President OF the Senate elected for the sole purpose
OF counting enter into have right To enter to an
inaniry as to what States ratified the Constitution,
which inquiry should bind any body
AN ILLUSTRATION FROM EARLY HISTORY.
Suppose tle Senate with Mr. john Langion; sup
posing he bad said when the papers all in There
l. one from Rhode Isand which had not yet ratified
the Constitution, know historically; suppose there
was a vote from Rhode Island for somebody ana dr.
Langdon had undertaken TO Certainly, TAKE lie
vote OF Rhode Island, she Is III the Union DO you sup
pose there was single senator present VINO, AZ rie
saying is wOnld have submitted 10 IL Tor inOehti rhe
Constitution said that the votes should be counted Inc
Constitutional Convention asked the senate, as II di,
TO appoint Inn iOT the purpose Of counting the votes it
did not appoint him !or the purpose OF uuss tS Soes.
had It would nave said So That was tne frst m
broadcs possible Interpretation MI it with all The Ropes
wish as / do, and what would yon fndi
You would find that on that very day
of its owu provided for The niauner in which he should
pronounce that result and commanded him III WHAT lofu
he should make known TO the persons "hOn theJ sa
he should inform tina! they mad been elected and he
obey c command Ii ne had this independent; power
being supreme judge only ia the presence OF hdier
cnt witnesses who have right 10 interfere man
would they have done that | do not think that the
idea ever entered their heads Ana as You sweep
no contest or dispute LUZ ile mercy ioihai
reading ana counting Of papeS II IL OF very niue cons
duencc inquire whether the President OF the senate
reau ana ,b or Hrf,cr n0boIy read and counter
them so tnat you get what eycrybod knew before
ths first occasion that any question arose 10
TO what was the constitutional vote Of Il State either
arising from nrligblity other questions about IT'S
electors from the condition OF me state l!se' Wlet
is exactly tic thing, tO there the question Is, Is u
unity of tie eec;0r tie day OF the meeting the
rxi,cnce of the the pursuit OF the state law
1t Involves one as nucd az thc other.
NO INTERFERENCE WITH VESTED POWER.
You find that the President OF the Senate never limited
on the taco Of the earth that he had such power and
that each house, in absence of legislation assumed
| think there is great doubt about Ito correctness OF
their assumption; buy they did assume either by the
expression If their judgement Dy the dictates OF their
cOluinanG-tO determine what should he done. So leii
Mr. President. n cannot be nIlht aimed that
this bill l. unconstitutional upon tile ground
that 1t taxes away from The President of the
senate or the House Of Representatives power ~Ic
Constitution has vested IN them, uec irun limit ana
from guide, ana Zee from itguia"n, 20 De- exercised
according 10 ttir opinion OF what may DO the pub
lie prOpIicty of the occasion.
Han Ing said mich. Mr. President. FOR the present
dismiss The subject, III the LOpr t!at ne stdG wa
carefully consider whether H. j. wise. by stimulating
doubts III their minds or BY allowing toig wishes
10 uycrurn thrr Judgment, to send t.S ttpuu!ic J The
fist TnuISlly In February OF the second wednesday III
That north, Ike the mountains which the poet has
spoken OF, tIupbiIug n.O The sea without
shore whether il IL better that III te fair course or
nulIal law q DE nMln shal. Le lMhlIh lLiIcl