Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1877-01-27

would be done.
If there was any duty greater than an
other devolviug upon Congress it was
that of providing some means by which, |
no matter what the result might be, all
men might say the due course OF law had
been taken. II had appeared 20 the COM
mittee charged with the onerOus and UNI
pleasant duty Of framing this bill that if
the Constitution authorized them to lay
down procedure which should lead to
any result through the calm ordinary ad-
ministration of the law, it would be be-
niticent act for the Republic. On the
contrary, if Congress should fail to do
this our posterity under this or some form
of government would feel that this Con-
greSs had failed in performing a great
duty" He then referred to the labors of
the committee and said:
Opposing political opinions, opposing
political education, partisan feeling had
subsidized on both sides, and the measure
upon which they solemuly united in re-
porting they commended to the consid-
Grafton of the Senate. He then explain
ed the provisions of the bill at length, and
in regard to the first section said his own
individual opinion was that where one re-
turn only had been received from State
and it was objected to it should be refer
red to the tribunal organized by the bill in
stead of requiring the affirmative vote of
the two houses to reject it. He referred
to the tribunal organized by the bill and
said it would be called upon to determine
which of two conflicting certificates
coming from a State was in conformity
with the Constitution, which the voice of
the people expressed in the manner pre-
scribed by the Constitution.
He referred to the clause authorizing
the appointment of five Senators and five
members of the House of Representatives
on the Tuesday preceding the first Thurs
day in February, to act as members of the
tribunal, and said the whole world would
know how each member of the House of
Representatives and each Senator dis
charged his duty in selecting q Judge to
decide probably as great dispute as ever
existed in the world. The committee
thought it would be best that this tribunal
shall consist of fifteen members, five SEN
atOrs, five Representatives and five Judges
of the Supreme Court, so as to have it
large enough to have every possible opin-
ion and view represented, and at the
same time have it so limited in numbers
that they would be capable of prompt ac-
ton.
In regard to the selection of the Su-
preme Court Judges, he said they had all
made the Constitution study, and all of
them were equal in that respect. 1t was
a delicate question to select those who
! should be members of the tribunal, so
| the committee thought to take four Of
| them from various parts of the republic
would be best. Then there was the odd
number, and to guard against prejudice
in the minds of these 10000, 900 people of
the country, the committee said these
| four should choose a fifth from ah1Ong
their associates. We had never observed
any criticism of the absolute fairness of
this plan provided they could get over the
constitutional objections which these
newspaper writers and politicians had
! discovered, and with which they were, no
doubt, familiar. The bill also provided
that the oldest judge should be President
Of the tribunal, which would be the ven
cradle Judge Clifford.
Mr.. Edmunds chen referred to the oath
prescribed for members of the tribunal,
which he read, and said that when that
oath should be taken there would be no
more partisanShip, no more enemies, no
| lllUIC lIlCDQS, DuU JllC SOlCDlu JuuSluCUb VI
! the Judge. That obligation when taken
! would dismiss from the minds of Senators
| and Representatives every consideration
| their Judgment. He then spoke of the
duties Of the tribunal, and said it was to
decide upon what had taken place and not
what should take place. If there was
any value in our civil institutions, this
| 1,,4t ,,,I ,n1
nothing short of the works of the Al
mighty which furnished more just text
of human rights than this bill.
lie argued that the bill held aloft the
scales Of justice; it gave nothing to Ell
Their side. 1t provided that the tribunal
might, in determining how many and
what persons were Galy appointed cleo
tors in a State, take into view petitions,
dispositions and other papers as shall by
the constitution and now existing law be
competent and pertinent in such a consid-
Grafton. The tribunal must decide ac-
cOrding to existing law. This would be
a strange Republic of law if, after, accord
! ing to one law, the candidate of one party
had been elected, congress should make
another law which would elect the candi-
date Of the other party. The right Of A
or B to this great office must be deter
mined by the law as it stood on the first
Wednesday in December, when the cleo
toral votes were cast in the several
States. All this bill did was to prescribe
u method to ascertain what was the law
and the fact at that time.
1t has been said that this tribunal might
go behind the returns from q State. II
the two houses OF Congress had power to
do that thing the tribunal would also have
such power; but if the two houses OF
| Congress had no right to overhaul the ac-
ton Of sovereign State, then this tri-
bunal would have no such rights. The
committee agreed that this Presidential
cantest must be settled, and settled upon
principles and laws that existed when it
took place. He contended that nothing
could be more fair than leaving the dis
puted questions held to impair or effect
any right now existing under the Consti
tuition and laws; to question by proceed.
ings in the judicial courts of the United
States the right or title of the person who
shall be declared elected or who shall
lclaim to be President or Vice-PreSident
of the United States.
If any such right exists (and the com.
mittee endeavors to be SO careful that the
right of no man should be injured) it pro.
vides that after all this had been gone
through with and it had been declared
that A or B was President of the United
States, the other candidate might under
the Constitution and laws test the ques