The New York herald., 1877-01-24

yon case aore miehs mako him President Of tho United
LOT Csc year Or ivar ~ on. man 81 y
she Nv. Loosesy
Mr. xnxrSos-ln republic?
NJ. Coskh:SG--Yes, Aud in this Republic tho only
.tt experiment OF free government extant or
she gopA That experiment which, should u fail
wosc inrn back the clock OF ages ON the dial II The
constisut,op means this power lot every man
bvw Ia IL. In mystery though II be. But do not SO
and tho genius of the Instrument everything rebels
against conclusion so puerile aud 40 perilous
rkkCxDghTs coSsiDERED.
SIR President have been thus far stating my own
Reasoning the text Of the constitution Let me
now as would had before done, ascend 70 higher
region. Let ..quirc what has been done by Illus
trIous sworn, as sworn TO execute tho
constitution let me inquire what has been do me
since tho constitution was launched and before Lot
begin with resolution which has been adopted by
the Constitutional Convention, which has been
regarded as defining the Jurisdiction ordained by
l787 tho Constitutional Convention adopted two rcso-
lutons They we're transmitted 10 the Congress OF tho
Confederation. The Congress lev days afterward.
ON the 28th accepted the repor. without acting upon
otherwise. These accompanying documents aud others
constitution was propounded 10 DO ratified or rejected
tine resolution recommended that the Senate should
appoint President Tor tho sole purpose OF opening
hGt counting the electoral votes
have two or .hree observations to make upon Vt,
81 OF which, perhaps, were not made by the Senator
from Vermont In tho first place, the whole proccci.
,pg antcdated tho constitutions IL before it was
ratified; It Was bcfore It was proposed; scooRists
would say Il is pre- historic Il was predatory. u
provisional proceeding In The language OF the resoIu
ton, proceedings we're To be commenced under tho
raid The ship was 10 he launched. and
tho launch ri2ht be by the sails tho machinery OF
tho vessel by external apd ir parted jorce might
be. as tho French wonld say. BY, an impuls'on
It, Tho resolution did not profess TO define
or prescribe any power IT merely designated an oc-
casion and referred the objects CT that occasion 1t
did not profess conform 10 the models which tho
constitution would bring In The constitution directed
tnat .he e'ec!o,s snou scna .her 20 nS
that they should be sent TO the Secretary OF the United
states. Who was thats Why, it was the Clerk Of the
old Continental Congress. They had but one House
and had clerk aud this was the man. The rcsou-
ton did not even propose tnat the counting should
take place the presence of the two houses whoever
was TO do it. But what further? George Washing
ton had been unanimously elected President. Every
elector had voted for HIM UNANIMOUSLY All those who
chose electors had voted unanimously. Everybody
knew IL would be so from the beginning. John Adams
overwhelmingly elected Vice President The So
cmnty 0f the proceeding OF declaring that election
like tho soemnity OF the Secretary OF State when
he announces that Nsw Years day, Fourth OF
July some other legal holiday has arrived.
Tho time for commencing proceedings was the 4,h of
March, 17S9. quorum OF the Senate then was eleven
appear failed until the 9th OF April, to assemble eleven
men at the capital Then they were not Senators Not
ono OF them was sworn in until the Sd Of January
afterwarcl790, and these eleven unsworn Senator's
elect embed and commenced proceedings under
tho said constitution What did they dor They
passed this order TO which the attention OF the
Senate
SnDsH ,. or THE me FIssr W s'.I s5SaTn ,,,.
House of that quorum OF the Senate is
formed that President is elected Tor the sole Of
opening the certificates and counting tho votes OF the
electors several states the choice OF President
stop there for moment. The resolution pro-
ceeds; but stopping there ask Is that prescription
of authority or jurisdiction! Let mo Inquire in two
ways Suppose at the last session OF the Senate this
order had been adopted.
Resolved, That Justin s. Morrill, Esq.,. Senator from
Vermont be appointed President OF the Senate the sole
purpose OF trying the impeachnent against B the then
respondent at the Bar
Would that resolution have meant that the Pres
.hn1A
ing that impeachmentY Everybody will say not.
Why not? Simply because the constitution defines
how much ana how little he shall do. When the Gov.
ernor OF tho state OF New York by desg-
naes as he often does an individual name to hold an
Dyer and Terminer for the sole purpose oi trying
the Indictment against A Tor murder we do sup
pose that II that he is to be judg. and jury and
to the absolute jus dsponend aud the authority
OF the whole case so, had the resolution stopped
here Il would indicate to that the advice It gave
that President OF the Senate should be chosen,
not generally. but pro hac r,ce, should say IN
C0urt-chosen for particular occasion. But let me
pursue the ORDER
And that the Senate is ready in the Senate Cham
that duty
What duty? It seems to be to count the electoral
vote
Mr. SARGESr-why not, then, open the certGcatesY
Mr.. CoNKLING-l thought mad assigned that reason.
Because the constitution had decided who should open
tho certificates Just as would vote, as would be
glad to do, should be inflicted with another
i'm peachment, that my friend from California be Prcs-
dent of the Senate ior the sole purpose OF trying the
Impeachment, and should ike to make It Tor all
other purposes. | should understand that tho const
tuition prescribed what he was 70 do and
what others TO do, land that the Senate Is now
ready III the Senate Chamber to proceed IN the pres
OF the House TO discharge that duty and that the
Senate have appointed one OF their members 10 Sit ut
the Clerks desk to make list of the votes they
shalt be declared; - aud "declared," take IT, means
"read" or reported" "Submlttng 1t to the wisdom
Of the House TO appoint one or more OF their members
Tor the like purpose" who rcported-that Is, Els
worth dld-"that he had delivered the message"
What did the House doy The House resolved that
expressed
message delivered by Mr. Ellsworth" ask again,
What was that purposcs They did attend The ellers
made the enumeration OF the votes What else
curredy A committee was appointed TO prepare the
certificates word Tor word. which the President Of the
certificate But before that was done Mr. Madison
10 say that the House had directed HIM
The election should be certified or nothed-now,
mark--n the manner and by the persons whom the
senate should pleased to direct Had the consttu-
IuD directed that the President OF the Senate should
:crtli, determine what would tho House have
with conccding to the Senate the making of that
lection, or what would the Senate have to do with
exercising the choice? But the committee prepared
certificate and the President oil the Senate COM
maudcd by the order OF the two houses, or by the
order of the Senate, to whom 1t was committed, to
certify II.
WHAT THE CERTIFICATE SAID.
The rticac said the President OF the Senate had
coua ted the votes. have no doubt of il; have
doubt he counted them. II the truth could be known
them; they were curosties IN those times. The
icllers made the enumeration; but what the
tclers did, or what the President did, was ut tho
command and acquescence OF the two houses
suppose the committee OF the Senate and the Senate
had directed the tecrs to sign that certificate. might
they not have signed it VIII equal truths suppose
they had directed the committee TO sign the ceruncae
might not the committee have signed II with equal
truthY
But It is said the certificate implied that the Pres
dent OF the Senate had exercised the power to judge
and determine what should be counted II Is said, and
truly, that the alter certificates Tor many years
the language Of this ancient form. SO they Now
ask the Senate 70 consider whether they were
intended TO mean that he who signed them had
ciseu this power to judge aud determine. turn to
1905. Aaron Burr was President OF the Senate. In
his bad eminence, depicted by the Senator from
Ohio, he won the distinction OF being not only clear
headed but intrepid; and never Was he charged with
being difdent Of prcrogatve or dstrustu OF rcspon-
slbhty or scli-assertion. ask the Senate 10 hear
what Aaron Burr said. 'The time having come
count the certificates the President Of the Senate
said---r
Mr.. MoRToS-From what page does the Senator read
Mr.. CoSKLNG--I read IRON the compilation page
80. Mr.. Burr stated that pursuant to law there had
been transmitted to him several packets which from