The New York herald., 1877-01-24

the Chief Justice excluded? He (Mr Sherman) did
and war no would accept the BILL but To did not
lIcve there was any danger d.
TIE CONSTITUTIONAL QUESTION
The court or commission authorized by this bill
WAS not authorized under the judicial power Of the
constitution II to be political court and not
authorized by the constitution at ALL Ho thought the
bill traccablc hrs friend the Senator from vcr-
mont INT. Edmundsl because In a debate year ago
he shndowcd the very propositions OF this bill
MI sherman denied that Justices ol the Supreme
Court also officers OF the govctnment could be thus
called upon to I'LL other Offices, this bii proposed
The practice had been such for the President
10 nominate such officers and the Senate 10 confirm
them. II one oficer is designated TO perform tho
duties OF another he must be confirmed by the senate.
pELEGArIN0 THE POWER OF CONGRESS-.
Another objection he had 10 tho b, Was thai u uu-
derook TO delegate powers conferred upon Congress TO
legislative powers could DO delegated This bill was
intended 10 apply to already passed, ended and
concluded, and was unconstitutional ON that ground
II the power TO legtsate could not be delegated by
either house Of fConsrcss how could this power con-
trolling the OF States be dclcgateds This cnor
nous power which could undo the work OF the State
could not be delegated TO packed tribunal
Another feature OF the bill. in his mind violated
Inc sp. m o. tho %ncn sna;
he bad seat IN Congress- Tho members ot tho
Senate and House on this commission were not, ike
other committees OF Congress- to take dispositions and
report their respective houses; but ufter being ap
pointed on the commission they were independent OF
sUasa,oS ali Of s powcr 10 ms Committee Of ve
and the House did the same, and that power
could not DO withdrawn. II was hardly
possible that this power would be abused |;
but II IL should DO Congress would be compelled TO
stand by helpless He argued that Tho President Of
the senate mad the power open and count the cleo
toral voIe ana this b was an attempt to change the
simple habits OF our forefahers which were adhered
to until 1855, whom Congress- without consideration
without debate adopted the twcnty-sccond JOINT rule
but had got rid OF Il. suppose the judges o the
Supreme Court should refuse 20 perform The duties
imposed upon them by this bill, Congress could not
compel them 70 DO So l, was simply Imposing upon
these judges troublesome and painful matter without
defining their power II the judges should decline 10
act the scheme would DO At an end.
ACTION OF TnE COMMISSION.
when the count should take place and tho State Of
FLORIDA was reached. must the commission takc the
certificate OF Governor Scarns the subsequent deci
OF the Supreme Court OF the Slater What would
be done IN the case Of .ouisianay Would tho comms
si0n accept the certificate or Governor kellogg, the
recognized Governor OF the State, would IL INQUIRE
as to all the buI-dozcd parishes and open up the
take the ccrti1cates OF the legal officers ot the
Statcss Why did not the members OF the
COMMITTEES have something to say IN regard thereto
everybody knew who President, but II they were
to go back Of tho returns Cod only knows what
would DO the result It would depend upon the
chance in selecting tho NTH justice Of tho Supreme
Court
Mr.. TMuRnAx, tdem.) Of Ohio said tho bill sens to
the commission all questions of law oil us Of fact
How they would decide mortal man could toll.
Mr. SHKRMAN-That depends upon chance in the
Continuing his argument he said Tho Senate waa
asked to vote for thus bill, which substituted
chance Tor the vote OF tho electors gwen according "a
law He conteuded that tho bill entrusted secret
couclave power to elect Prcsidcnt u was COL
lego of cardinals for that purpose While this commits
sion would bc in session considering to how
the Of Florida must be counted, the great States
OF Now York, Pennsylvania and ONO would remnn
uncounted; tho people would DO IN lover OF excite
inent the controversy would be delayed, because tho
very bill provided machinery tor dclay He had d0ub,
members Of tho commission would endeavor 10 do
Bile duties Why was tho power Of tho President OF
the Senate feared Every net OF bis In counting the
vote must be done IN public and would DO closely
secret committee. Suppose this high commission
should reject tho vote OF State. would DO deprv
Ing the State OF its vote Where was the clause In
the constitution comforting that power upon anybody
He submitted TO the Senate that II WAS nest
70 count the vote as u sad been 49,, coansee
during the history OF tho government. y was high
time that the extrome powers claimed tor Congress g
reject the OF Stao should be renounccd Instead
OF affirmed, this bill proposed
Mr. STEVENSON, tdcm.l OF KY, denied that tho com
mission authorized by the bill was secret conclave
Mr.. SHERMAN said tho bill gavc the commission
power TO make its own rules aud ovcry one knew Y
would be secret He only approved OF ono feature 2
tho bill and that was that neither had tho righ
10 reject The electoral q State II said tha
tho country in peril, and would he do nothing
savo the country Yes, he would obey the law Us |,
existed since 1850. He wns opposed to patching VI
laws and introducing into our electoral colleges tn
blind goddess OF chance. II Tilden clected lc
II Hayes was elected ali should yied 70 him Iswiu
obedience
SPEECH or SENATOR CoyKLING
Mr.. CoxKLlxa said d--Mr. PRKsDESr-Boforo roach
Ing the details Of this its advantages o
merits, must mako sure Of the power In some mod
subject the matter 10 the action OF the two house
or TO tho law.makng powcr A study Of this question
years ago convinced Of the right and therefore tn
duty of Congress- the two houses, to ascertain
verify electoral votes and declare tho true result
Presidential elections by exoron Of the law
making power, to declare how these acts shal
DO done. Ny present Judgment may sa.
in passing, does not rest wholly on proconcoive
opinions. Some weeks ago. when the inquiry scenes
likely 10 unprecedented Importance, reviewed
carefully conscicntiously hope, every act and pro
ceeding In history bearing upon It, and, without
the aid then Of compilations mado since, every utter
anco in regard to It TO be found in books distinc
tion may be drawn between the power of the Scnat
and the House net literally and directly In conduct
ing the electoral count and tho power Of Congress b.
law to provide for the proceeding In any mod
except the literal and personal action Of the tw'
houses. 1t is not my purpose at this moment TO ex
porc tnat distinction, to inquire how far, whcthe
Al ALL tho constitution inculcatcs the exact modo
form IN which the houses shall execute tho Twelfth
article of amendment.
CONSTITUTIONAL PROVISIONS
II tho constitution means that the two houses 4
0eccrt8ins verify anu ueCauTc, " blmpiy
command that the votes shall be counted, and leave
to oc denoted by tho law-makng power the mode il
which that shall be done, the bill table execute
the constitution II the true meaning Of article IL
that the houses themselves shall do this oco the bill
docs overpass the constitution IT tho trro mean
ing that the ordered to be done, and
Is expressly designated, then the lawmaking power
told how to proceed by tho eighth section the 1rs
article Of the constitution In these concluding words
The Congress shall have power make all laws whic
shall necessary and proper tor carrying into execution
the foregoing powers all other powers vested
constitution In She government of the united States
any department or Ofhcer thereof
IT, however, the power In question Is deposited b,
the constitution and Is not deposited with tho tw,
houses neither the bill tho table any bill, rule
or plea seeking to draw within tho province OF tn
two houses Of Congress Is OF the sghtes
efficacy or effect Whenever the constitution
deposits u power with any department olic
or iunctionary therc II Is aud there
A.