The New York herald., 1877-01-21


have been charged with this and respon-
sible and unpleasant duty that the constitution au
thoszed us sc lay down line OF procedure that shouiu
be clear aud definite .iself ana should lead 10 any
rssuit-and use the words with deiberaton, thar
through the calm and orderly progress os the adm
tratlon OF law and through the orderly Jud5-
cde according &c tue Constitution anc avs II would
ts benencenl act Tor the Republic; ana
80 do TINS, poser,y, under form other
fern. .! government tno usan can Tell which, would
feel that we had ialed 10 the hour OF great reec In
performing PLAIN duty. THIS then, M President.
is she situation, and under this state OF things the
COMMITTEES, with almost absolute unanimty, have re-
ported trls bill Opposing pol;tica; opinions and OPP
2os:ne po.ticSi edrcatons warIl wishes ar partisan
feeling have subsidec 10 both sdcs. and what all OF
Of all opinions educations wishes ard feelings,
unite n reporting &c you asa just anc uprigh, AID
!awlu. WAY. we recommend 10 your consideration
What II u that We recommend will stale
WHAT PROPOSED
The frsi section OF thss bill provides IA the afst part
o! Tor :he simple ceremony the necessary union
OF ,te TWO houses meeting to state iaore exactly
lie OCCASION 81 determining who aas the
hishes, number o electors :or President
snl Vice President OF ihe Un,iec states (, then pro
eeeds 10 provide tor she which only eel OF
papers or returns as they are called shall have ap-
peareo. auc respect TO thOse provides SUB
staIlially, and DO not Know or! literally wha. the
o introduced BY my honorable friend iro:n Indiana
ins Senate, although brought back
mollon 20 reconsider, provided NAT no return
,here being only should De LOT; out OF the
coan, urioss the Two houses shord separately agree
factory 20 my mind. although | 10 aoi know
particular emergency "nicE we are nov called
upon 10 confront; only speak o. this as my own ln-
aviduai that the nrs section not perfectly logs
cal Ny o"n Individual oplnloo would have been
that any question about .ucn paper ought 10
have been referred 70 this same tribunal II use ttat
phrase Tor conveniencei, and that u should take the
same fate as any other need Dot, however, 60 into
the discussion Of that, because ! have concurrcd N
leaving as siands and as We know
has been found acceptable TO considerable
majority OF .ne Senate Uut las say this criticism 2t
u, so FAR as know, has no practical application 10 tho
present matter that We have TO decide. The principle
OF IL understand TO have been from the discussion OF
last year and from tho DISCUSSIONS com.
ml,ec, that II the case were 20 doubt.ai
that tho members OF the TWO houses
acting uuder such solemn responsibilities could
agree that the paper not the constitutional
vote of the state. the presumption should GO IN iavor
Of the state.
Then we come 10 The second section which covers
the cuities that have the pres
that II more than one return or paper purporng 70 90
return from State shall nave been teceived by the
senate. pu.por'ng 10 be tas eer'ihca.es Of
the electoral vote gwen at the last re-
turn, ali those returns shall be opened by
the President OF the Senate just as the constitution
says ia terms that ali the certificates shall be opened
BY hIn the presence OF tho houses. They shall
DC read by the e!iers which the bill provides Tor the
appointment OF, according " the universal practice
from the foundation OF Tho government; only,
believe always hitherto, one teller has been APP
pointed The part OF the Senate and on
the part or the House Of Representatives, and this
bill provides that there shall Ge two tcllers, an
equal number. appointed by house. Having been
read by the teller the bill then proceeds to declare
that all these double disputed papers snal thcreupon
be- submitted to the anu decisiou as 10 which
the true and lawful electoral OF such state, Of
commission" You will observe, Mr. President, pre-
ciseiy the question that to be TO this tribunal
Tor its consideration. IL TO inquire winch OF the
papers OF the conflicting is the paper that the
stituton calls iorthat 49, the electoral vote ot State
Ia the union. The constitution says xs II nccd scarcely
have said but some language must have been
employed, Is the constitutional OF the State,
the voice OF the State In the manner prescribed by s
Legislature in the selection Of electors who have voted
for President that is 10 be sought ior and Is the
person who has tho highest number OF those votes |
am not now quoting the language OF tho constitution
but what everybody understands 10 NEAR. who ~ 10
DC tue PRESIDENT Lherclore TINS tribunal, or com.
called upon 10 determine one single question bstween
Two conflicting papers claiming 10 bc the constitu-
ional certificates and that s they are TO determine
which Of them IN conformity with the constitution
and which OF them Is not
THE sELEcrioN THE COMMISSION.
u then provides ior the appointment VI the commits.
sion, It's mcrhdd or solution; and shall have some
tLng more 10 say on The subject ol what they
again refers 10 what they are 10 de- The bill then
comes to the seiection Of The commission. II pro-
first Thursday in February which changes the day Tor
TINS occasion to an earlier period tnan that liked
Wednesday IN February on the tuesday S0IU"a prs
cedlng that day which, believe. IN TINS
case rs the 3oth OF January, each house shall, by
rira vote, the open, public and solemn personal
choice Of every member OF each house-no secrecy OF
the ballot no private combination that must not at
least openly display itself, but just the solemn
judgments that give upon the yeas and nays upon
pubic measures, just as the solemn judgments OF
courts are given, with all present and each Knowing
called upon by our own sworn duty
exercise personal. a public. responsible duty in
selecting tive members In zach house TO compose a
part OF this commission. Nobody probably would
crltcise the prOprioy OF this mode OF selection you
are 10 say that tho commission is 10 DC composed ut
all Of members OF either house, for the whole world
IN knn inty nneI tnAtv dtuI ..h
individual member oil The House OF Representatives
has performed his Responsible duty IN the selection OF
person who is 10 become the sworn Judge IN as great
uspute as probably ever existed in the world under
the law. These ten Senators and members oi the
House OF Representatives selected IN that
way with 1--WE OF the Associate Justices OF
the Supreme Court of the United States.
compose a commission OF fifteen The Iudges Of
the Supreme Court OF the United States, we all
know, are composed OF nine pcrsOus, ana III order
that there might be certain symmetry OF equpoisc
OF rotation II was thought alter much consideration
by the commission that II sable take
equal number OF Senator'S ana an equal number Of the
members oi the House Of Representatives equal
number OF persons composing the Justices OF the
supreme Court 10 perform Ihis commission, so five
naturally 10 be the number referred tu. II 1t had
been thought wise to have made the total number
OF tho commission less, nine tor instance, as had
been suggested then there would have been three
senators, and three members oil Tie House Repre-
sentaives aud three judges OF the supreme Court Out
appears 10 US after muc! consiJcratlon thai aceu
was, ON the whole. the ucst NUMBER large as TO
ducc every vriety Of intellect capacity ana learning
ANA as to produce confidence against any possible al
tempt thai might be madescarcsiy conceivable 10 be
surc-to 1nduy influence any or two or three OF
tins whole number by any oi the motives tnat some
times as %c sDow ~ The history or the world, havc
teen led TO mn people who called upon
charge high trusts ana at the same tpc 10 leave ibe
commission limited numbers as that should be
capable oil promp effective consultation, ana dcIiber
ate ana orderly procedure
REPRESENTATIVES, COMMISSION
Then tue next step "as to what manner
these I'VE gentlemen out vi the uine, all OF course,
pre-emnenI IN legal learning aud IN rga! experience;
all, OF course prccninent IN their Knowiedge anG
MI n nsf md tIs tuN nf
all, vi course, equal III thar deep respect which they
receive from the people vi every part OF the Union,
III every part oi u and Tor ever! part OF II they daily
administer law. should be treated. or course II was
difficult task because 10 select particular nvc by
name might seem to IMPLY that therc reason.
personal or other that the other particular part our,
should not be selected, ana s0 analogy to
what has always been wise system this |
atuxa nllaan xud i