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

On .hs hands Of the Supreme Court BY just and
yc,ent amendment 70 tho constitution-placlng = in
could properly exercise IT, that proposition did
not commend itself 10 the favor OF the Senate
and was Defeated ~ rSs NOT welded 10 any par
tleular theory 10 counting the votes he desired
SIMPLY TO adhere to she constitution and unIike many
gentlemen with whom he now newly associated
here. ne free from any embarrassing record GU
this question. He opposed 10 giving the power 10
count votes to fourteen gentlemen four Of whom
were TO complete the number by selecting tho III
tecnth ard ,huA by lot or chance Milne that coy
~ on which Me attention OF the country generally
liked II proposed 20 give these fifteen gentlemen,
possibly The fifteenth alone more power over
the vote than Congress possessed and he did
not believe this could be done by simple enactment
Nothing less than constitutional amendment could
confer ntecn men such tremendous power over the
electoral votes Of the States
UNCONSTITUTIONAL
lie did believe II to be warranted by The consti-
futon which he had support, and though he
did not pretend TO be what was termed a constitu-
tiona lawyer every Senator on his oatn must vote on
his own CONSCIENTIOUS belief o what the constitution
Is and what II allows. He had desired earnestly 10
support this bill n he could do II consistently. The
arguments adduced in It's favor had persuaded him OF
its he felt himself compelled,
reluctantly he differed from certain Senators,
10 record his against the measure
In conclusion Mr. BLAINE begged the Judiciary Com.
mittee, now tho public mind was SO strongly directed
10 this question, TO frame an amendment 10 the con.
sttuon which would, II possible, avert IN future all
danger OF renewal OF those troubles which were now
causing anxiety in the public mind.
H.
Mr. EDMUNps said the time had gone by now for de-
bate II he had time he would be glad TO take up OBJ
jections which had been made touching the consutu,
expedcncy. II had been denounced as sham.
mere trick, although IT appealed TO hve senator's I'VE
members OF tho House ana live Justices OF the Su-
preme Court He begged his honorable friend from
ONO tSherman) 10 look at the history OF their own
party; look their attitude and tell HIM, some
day not now whether he thought the republican party
could stand stuticaton and dshonor in order that
il might gam a temporary advantage. He knew the
Senator would answer nm s.Non Must the republi-
party stultify itself now tor such beggary
price? In 1865 republican majority In the Two
houses OF Congress passed the twenty second joint
rule, which declared that vote from state should
have an, effect upon tho election OF President and
Vice President the United States unless both houses
OF Congress- In thor constitutional capacity, said so
and yet In the face OF this action the great party
leaders from that valley OF the Mississippi, as the
Senator from Ohio fMr. Shermun) termed IT, sounded
the cry OF treachcry against those OF tho republican
party who supported this bill Republicans were &C.
cused OF treason TO their party because they would
not stultity themselves
He then referred to Mr. Mortons BILL which passed
the Senate Mt the last session. and said that was
much worse thap the pending bill There were three
poor misguided republicans who voted against that
biIl---Messrs Conkng, Edmunds aud Howe. Now
they were addressed IN terms reproach. He would
say nothing OF the personal illusions which lad been
made by SENATOR'S they belonged to those Senators and
the measure OF 1915 proposed by the Senator from
Indiana (Ar. Mortonj and that OF 1871 now before the
republican hopes while tho measure before the Senate
saved them, II under the JOINT ana upright operations
Republican Senators were TO decide here now
whether they would 90 to sea without a compass,
without rudder and trust to the neXoraDle iac's
won, or whether they would support this measure 10
do equal justice to all This land was the happy home
OF freedom, and It 1T that this Senate should
the happiness OF this people He referred 10
the sad example OF republics elsewhere, ard asked
was It not worth riskng something order that the
great experiment oil republic OF law among men
should not TAIL.
Mr.. DAWES, OF Massachusetts, withdrew the amend
stl.f fad Inv m ttrd
ing the power OF the tribunal to be created
Dir. SHERMAN said he felt hurt that the Senator
toward tue Senator from Indiana Mr. Murton) and
himself Since that Senator mad made an indirect
statement against them he CIR. Sherman) demanded
separate trial HIS friend IRON INDIANA (Mr. Morlon)
was abundantly able 10 take care oil himself He (Mr
Sherman) never thought OF charging his friend from
Vermont with treachery Al the outset OF his re-
marks the day he expressed his appreciation OF the
motives OF the committee: He discaimed having
used any terms OF reproach. he then reviewed his
objections to the pending BILL and argued that is
not customary or lawful to impose other duties on
Judges oil courts.
Mr. EpMuNDs said the act OF 1923 selected judge in
Florida 10 settle certain claims OF Mexico.
Mr.. SHERAAS-rhat was a judicial act
Mr.. EDMCxDs replied that II was not, and the Su-
pcme Court had decided ana had refused to review
the acts OF this Judge.
the bill now before the Senate would result in good,
but had serious apprehensons that the result OF the
great popular election would be thwarted.
Mr. MORTON argued that more light had been
thrown upon this subject oil counting the vote within
the last thirty sixty days than had ever been before
He had been charged with Inconsistencies, but
other Senators were inconsistent also. He then
read from previous remarks oil Messrs Edmunds
Conkling, Thurman and Bayard, to show that they
did not heretofore support the principles involved in
TINS bill. lie then submitted an amendment providing
that nothing the should authorize tho
commission to go behind the hnding and deernina-
ton OF the vassing Returning Board oil the Stato
authorized by the laws OF he state 10 ind and deter
mine the result OF an election Tor electors
Mr.. EDMuNDs opposed the amendment and moved to
amend 1t by striking out the negative words, SO as TO
provide that the act should authorize the commission
to 90 behind the finding, &c He said he would vote
meut OF the Senator from Indiana. He had no idea
that there any necessity for the amendment, as
the commission would act under existing laws
Mr. SARGEHT (rep) OF Cal, argued that the bill was
shutting and evasive, ana side or the other was 10
be cheated.
The amendment OF Mr.. Edmunds to that OF Mr.
Morton was reJected-yeas !, nays 61-Mr Cooper, OF
Tennessee beng the only Senator who voted In the
affirmative. The question then bong on the amend
inent of Mr.. Morton, 1t was rejected-yeas Is, nays
47-as follows
VOTE on MoGroN's AMENDMENT.