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


in the hands of Supreme Court BY just and COM
pcieut amendment to tho constitution-placlng = in
that great body which, by 'fs d'snity and Importantly
rot commend itself TO the favor OF the Senate
and was defeated by q large vote. so Jar as no was
personally concerned he not welded 10 any par
tieular theory as to counting the votes He desired
SIMPLY 10 adhere she constitution and unlike many
gentIemeu with whom he was newly associated
here he was free from any embarrassing record on
this question He was opposed 10 giving the power 70
count votes 10 fourteen gentlemen, Tour oil whom
were 10 complete The number by selecting tho NJ
tecnth ard ,hus by lot or chance. filling that "coy
and Uash,ul bauk"as Mr.. Benton would have termed
n on which Ae attention OF the country is so generally
nxcd II was proposed 20 give these fifteen gentlemen,
or more possibly the fifteenth alone more power over
the electoral than Congress possessed and he did
believe this could be done by simple enactment
Nothing less than constitutional amendment could
confer ttecn men such tremendous power over the
electoral votes of the States.
UNCONSTITUTIONAL
He did not believe ii to be warranted by The consti-
futon which he had sworn TO support and though he
did not pretend to be what was termed constitu-
t,ona lawyer every Senator on his oatn must vote on
his own conscientious belief OF 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 favor had persuaded him of
lis co anu he fet himself compelled,
however reluctantly he differed from certain Senators,
TO record his vote AGAINST tue measure
In conclusion Mr. BLAINE begged the Judiciary Com.
mittee, now the public mind was so strongly directed
this question, to frame an amendment 10 the con-
danger of renewal OF those troubles whch were now
causing anxiety In the public MUD
X.
Mr.. EpMuyps said tue time had gone by now for de-
bate II he had he would be glad 10 take up OBJ
jectons which had been made touching the constltu,
tonahty OF the measure ann touching It's fairness and
expedicncy. IL had been denounced as u sham.
trick, although II appealed TO I'VE Senator'S i've
members of tho House ana i've Justices OF the Su-
preme Court. He begged his honorable friend IRON
ONO tShcrman) 10 look at the history OF their own
party look at their attitude and tell him, some
day not now whether he thought the republican party
could qualification and dishonor in order that
IL might gam a temporary advantage. He knew the
ustn Voulu IN
party stultify Itself now Tor such Deggariy
price? In 1865 republican majority In the TWO
houses OF Congress passed the twenty-sccond joint
rule, which declared That vote from state should
have any effect upon tho election OF President and
Vice President oil the United States unless both houses
OF Congress- in their constitutional capacity, said so
and YET, the face OF this action. the great party
leaders from that valley OF the Mississippi, as the
Senator from Ohio mr. Sherman) termed It, sounded
the cry of treachery against those OF the republican
cused OF treason to their party because they would
not sultlfy themselves.
He then referred to Mr.. Morton's bill, which passed
the Senate Mt the last session, and SAID that u was
much worse thap the pending bill There were three
poor misguided republicans who voted against that
biil---Messrs. Conkling, Edmunds and howe Now
tncy were addressed IN terms oil reproach. He would
say nothing OF the personal illusions which had been
made by they belonged to those Senators aud
there he would leave them. The difference between
the measure OF 1879 proposed by the Senator from
Indiana (Mr Norton and that OF 1877 before the
Senate, that tho measure OF 1876 dismissed all
republican hopes, while the measure before the Senate
saved them II under the joint ana upright operations
OF the law they were entitled 10 be saved.
Republican Senators were 10 decide here now
whether they would go to sea without compass,
for a victory which they believed they had honestly
won or whether they would support this measure TO
do equal justice to all This land was the happy nome
of freedom and II was 1T that this Senate should
insure the happiness OF this people He referred 10
the sad example OF republics elsewhere, ara asked
was II worth risking something IN order that the
great experiment oil republic OF law among men
should not fail.
Mr. DAWES, of Massachusetts, withdrew the amend
ment submitted by h,m yesterday IN regard 10 deln-
Ing the power of tie tribunal 10 be created
Mr. SHERMAN said he felt hurt that the senator
from Vermont should have manifested such feelings
toward tue Senator from Indiana (Mr Mortonj and
blmselc Since that Senator mud made an indirect
statement ayaiust tnem he (Ar. Sherman) demanded a
separate trial. rs friend from Indiana tMr Morioh)
abundantly able 60 take care OF himself He (Mr.
ShermanJ 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
used any terms OF reproach. lie then reviewed his
objections to the pending BILL and argued that II is
not customary or lawful TO impose other duties on
Mr. EpMusDs said the act OF 1923 selected judge in
Florida 10 settle certain claims OF Mexico
Mr. SHERMAN-That was a judicial act.
Mr. EDMUyDs replied that II was not, and The Su-
prcme Court had decided ana had refused to revsw
the acts OF this Judge.
Mr. SHERMAN resuming his re marks. said he hoped
the bill 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 thai more light had been
thrown upon this subject OF counting The vote within
He had been charged with Inconsistencies, but
other Senators inconsistent also. He then
read from previous remarks oil Messrs. Edmunds,
Conkng, Thurman and Bayard to show that they
did not heretofore support the principles involved In
TINS bill He then submitted an amendment providing
that nothin contained In the act should authorize the
commission to go behind the finding and deierinina-
ton the canvasing Returning Board oil the state,
authorized by the laws OF The state TO ind and deter
NINE the csult OF an election Tor electors.
MIR. EDMUSDs opposed the amendment and moved to
amend by striking out the negative words, SO as TO
provide that the act should authorize the commission
TO go behind the finding, &c He said bo would vote
against his amendment aud then against the amend
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. SARGENT, rep) OF Cal, argued that the bill was
shutting and evasve ana one side or the other was 10
be cheated.
The amendment OF Mr.. Edmunds to that OF Mr..
Morton was rcjected-yeas l, nays 6l-hr. Cooper, OF
Tennessee beng the only senator who voted IN tho
affirmative. The question then beng on the amend
nent OF Mr.. Morton, 1t was rejected-yeas u.s. nays
41-as follows:-
VOTE on MOTIONS AMENDMENT.