The New York herald., 1877-01-21

IN a.! civilized governments everywncre done.
ana must do nrevef 10 the law making power ron
by ,he fegu.ar measure OF legislative procedure can
scarcely 's'se 'hai 30 welt an ssrr ! caanos
a. 4 slated by he supreme Court Of the
cniiec States iscsi more than sixty years $50,
~heh, Just now, and Iust as always ~ governments
ernnenL fh.s was question 0. state rshts. OF The
r:ga OF the supreme Court Of The United States 10
similar to ino,e 'ha, have been parting
asn. aSr%a1d m. y aos "na. msh' se asse,.ss
,1t.on we're made the coGr ansscred inem u iais
Nay
Ine eon.auf,or araso.daD.y deal. genera
great charter o. our 1er.r. provide Tor sinas spera.
those powers 'hoa!d be carried into cAecuuan
Mark the words NJ President. 'or 20 declare Sue
nsans by which ,uose powers should be carr cd INTO
execution" Il .oresecn THAI his would ue PERI.
ous .nc t:ricuil, II not n.prncicahe iasK he 10.
strumcut was not .nlendel to provide merely 10, the
exlgcrces lew yeaIs bui To cEagre
through long lapse o. ages, the events Of when
were locked up ~ .as inscruiable purposes o; Prov
aence. IL could rot oe .orcsecr .hai changes
ana nlodncaons o! power nisn, be ndispen sable TO
eiecna,e tne general Objects OF The charter, and re-
sirici.oas anc specifications, whicE a. the present
m!sa' -ec' sanitary n'Shi N the end prove ;he
overthrow of The system tseii Hence rs powers
eA2ressea r general terms leaving 30 lhe legislature
from TINE to time TO adopi its own means 10 cnccu
ATE legitimate oojects and 20 ,aou.d anc mode the
erclsc o. is powers a. ~ own wisdom pubic
lessee wheaton s2ol n there = any
one principle d constitutions Jaw .nhI -
settled deep the iouniaIiops OF government
use! u ,ha, winch ! have Just read. There
10 scarcely tact. Only remember one
PROVISION Of tas constitution .. The upitcJ States
tnat has been SAID to execute .tse1, Tor which
VAS not necessary or proper THAI here should oe
the provisons OF egslaon TO carry i luto eject and
30 regulate the methods and manners by which results
sho.ld be arrived At
SLAVERY iLLrsrxAr!oN
beevc Il was sait IN the case OF vr.gs vs. The Com.
monwcalsh OF Pennsylvania on the subJrc, 0! might've
slaves that the constitution recognized slave as
property ana as the us'iivs clause N the constitution
gave the master ;ne right to hts property II u should
have escaped from HIM. thar clause .he
stitution aid execute Itself 50 tar a. the right
o: The master was concerned 10 recapturo has prop.
perry anywhere ne coud ind H. u ne could DO %
without violence and wilhou, breach OF The peace.
Iha, was put upon the ground ina, II was amply a
recognition OF 'nc right OF property, jus,
as the common law. under the
laws Of mos, 0. the States no douo, a man
would 90 entitled II he could do t without violence or
OF The peace rccapture his Children or hrs
w!ic who were illegally detained from hun. hut
beyond that say know or 10 Instance IN this vide
variety o! powers, legislative executive Juuc.a
anywhere where there - not the ht necessity tor
OBJECTS .! the exertoB oi tho powers that not
mplicailon but expressly ycstei IN OF the ds.
partmens OF tho government. aud even III thai case
to which have alluded. where the Courl
SAID tina, the constitution did execute usr,
they nevertheless ruled that that also the proper
subject OF slsniive ecton o Congress aud that Con-
grcss might regulate AMI had regulated the manner 10
which ani the means by which the owner OF the slave
should assert his ryht 10 his property The President
o, the Cntcd States by the express language Of the
constitution Is comnander.n ch ef OF the armies aud
navics OF The Republic, and sc, tr.,n the beginning
until now, without question AZ 10 the constitutional
proprc,y OF such legislation. the manner Ia which and
the means by winch ho shall exercise the power
manGcrn.chef OF the army has been regulated by law.
CONGRESS AND rnE SUPREME COURT
The constitution OF the United states vests judicial
courts as Congress from time to ine may establish,
ana set one OF the very hrst ACTS that
was ''dss s as a' Ass
yu,dca and controlled, from top to bottom,
the exercise Of hoso powers tina, more clearly aud
pressly delegate 10 that judicial branch, and no
man ever suspected that Congress exceeding
Us power in providing 10y law Tor the means
and ways Of the performance OF tho great
Judicial functions, those which least OF ali
/, would he sale Tor republic, should IL bc unduiy
meddei with. So. Mr.. President It does appear to
US. without my enarging uron this branch OF the dis
cGssion, aud Tor tho very few reasons that have
ieeny tai"d that the deathat this bill can be assacd
the constt uton has vested tho power oi performing
the executive ministerial junction OF counting the
votes, OF which the constitution the person hav
ing ;hs greatest number shall be President, IS not
a. all maintainablc. You have only done IN tins bill
what. N respect 10 every other branch Of Tho gov.
ernment and Tor all time year by year.
you have been daily doing with the acceptance OF
every body II only provides Tor asccr,ainina IN a
lawful aud regular what Is the subject upon which
TINS executive junction OF counting tho vote ending
out who has tho highest number, rests II
even II the duty. as lar as 4 heard Il
claimed for you, Mr. President, rested tina, chair
that we have only furnished yoa ,lhe OF justly
un,css It should be coatendcd that the con.
siitution had reposcd in you the functions Of
Congress and Of the judiciary, TO her, try and
determine ali questions OF law and TACT Tor ALL
IN gwen case, whc her you should be President Of
tho United States or not II the pretenson goes as
that. OF course, this bill is against IL. But II It
oniy goes TO The pom: that you are TO exercise CON-
manded ministerial duty oi counting vote
then, upon the principles that have
stated would be entirely competent and tho absolute
duIy OF Congress 10 provide you Il Of hnding out
what vote you are to count aud compelling YOU
us q q low
the Judgment Of whatever tribunal should
because II "a only All act which you arc TO do not
cIson that you are to render. But, as have said
only intended, on tins OCCASION TO explain brci
way as could exactly what the blj Is ana in gen.
era! way the grounds upon which It rests. rnc ius
,Iallons that might 90 stl further made To
show ,nsi this deciding power Of which
speaking does not rest with you, aud, as think,
to show equally that does not rest with either mouse
OF Congress until Congress provides law tha. allows
TO rest there numerous that the whole day ight
be spent upon them.
OBSERVATION-DISCLOSURES Construction
There IS one other topic which viii only just al.
udc TO al this present time. Which, OF course. bears
upon IT, and ihal IS what called the contonpo-
raueous construction IN such cases II has
been said by many persons and II appears TO be
largely believed. !! you can take the statcnicn,s
o. newspapers that for great many years the
pant o your Gnair has with the acquicsccncc O every
BODY, so construed tue constitution, aud 80 II IS I'M
Piled that that be the true construction
OF the constitution IN the present case because tor
many years. vr until few years back--hitecn or
twenty, or whatever the time may bc--.t had always
been done !! that wers true .. would be entitled to
wcgh, IN tho consideration OF this ques.
tior. perhaps TO great weight; bu, material
inquiry. 4 i with all cases oi precedent. Is
10 know whether u - true To begin with. Now, |
deny emphatlcaly that tnls Is the history OF The prac
tlce uuder the constituton. ana when say that do
not mean TO tnai the President OF the Scuatc has
mol counted the votes IN the urthnietical sense
although suppose as matter OF aci that
from the time ci John Lanpdoh TO that OF schuyler
Coax HE President OF the senate never counted
o them. viii take II .or srantod that matter u
law he d,d do tho enumeration. ttbough suppose
matter OF truth ~ every insance nc te!lcfs VINO
at the Clerks desk DID ali the coupling.
1Hk FIRST FORTY YEARS.
What did take place tor the rst iortv years or the
Republic There never WAS an instance IN which
paper coming ron state under its great seal and
certified By its Governor AZ to who had been elected
electors tho certificates OF he electors tb bomseycsa
to how they had voted was ever drawn INTO
question. and the thing that the President oil the
scna;e had to deal with exactly the sort OF thing
you had 10 deal wiih when yesterday you iad be-
lore u under tho great seal OF the state Name. the
OF senator. public act OF thi