The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-02-15
A1ahGfal
.7HEELECTORAL COUNTBILL
SPEECH OF
SENATOR A. G. THURMAN,
Delivered in The Senate, January "a
Evening Session.
[FrOm the Congressional Record, January 2O.l


From the Congressional Record, January 26.l
Mr.. Thurman-Mr. President, if there
were fit opportunity should be disposed
to discuss this bill more fully perhaps
than ever yet have discussed measure
in the Senate. l should be disposed to
give at very considerable length, and with
much historic illustration and much ref
erence to authorities the reasons which
have brought my mind to the conclusion
which / have reached TO support this bill
and to support it earnestly and also with
something of holiness, and no small ref
erence to authority and the opinions of
able men who have lived in this country
and whose names are revered, to that not
one single point of opposition that has
been made against this bill can, be sus-
tanned by sound reasoning or by any res
pectable authority. But am admonish-
ed by the lateness of the hour, by the ia
tigue ofthe Senate, by l might say re-
gard for the health of the Senate and my
own, to forego what l should so much
wish to perform. Therefore the remarks
that shall submit will be comparatively
brief. Indeed l have been so well antici-
pated in what l would say, and it has
been said so much more ably by those
who have preceded me in support of the
bill than could have said it, thai it is
not 30 much matter of regret to me that
am confined to limited space of time.
want especially to express the gratiica-
tion with which l have listened to the
speech Just made by the Senator from
Michigan, who took so clear, so lawyer
like, and 80 judicial view of the sub
iect.
Mr.. President, it has been said that this
bill is novel. 1t is novel neither in prin-
ciple nor in its frame work; and he who
thinks it Is novel must think so because
he has not carefully studied the Constitu-
ton of his country or read its history with
profit. Again, it has been said that it
goes outside of the Constitution. 1t does
not 90 outside of the Constitution, unless
the opinions of the most eminent men
who have lived since the Government
was formed are worthy of no regard.
Again, it is said that it tconstitutesa court
10 decide single and existing case.
Why, sir, if that be true, the case to be
decided by it is one of such transcendent
importance, one upon which the interest
and prosperity, and perhaps the peace of
forty.odd millions depends, question so
transcendent that the very perpetuity of
the Republic itself may depend upon its
peaceable solution. If it were so that the
hill constitutes court for the decision of
a single case, there never was greater
reason to constitute a court. Before the
Importance of this subject other jurisdic-
tions sink into comparative insignif-
canoe. If the tribunal to be created by c
this bill shall render a judgment that i'll
the opinion of enlightened history shall
he a sound, and honest, and just judg-
ment it will be one of the grandest tribu
nails in the minds of students and in the /
reverence of the people of this Republic !
that ever SAT IN Inls lauu' 800
Again, it has been said that the bill o
proyides for secret tribunal. There is v
not a word in the bill that looks to secre- 8
CIV. This tribunal may sit in public or in e
private, lust as a court sits in public and b
consults in private. 1t may do the one Il
or the other. 1t may do as we done in b
he impeachment case, hear the evidence v
and the arguments in public, and then as |
! court does. retire to it's chamber to con- il
,ult upon its Judgment; but there is no 81
more Injunction to secrecy in this tribu- RI
,al than there was upon the Senate in Il
he trial of the impeachment or than v
here is upon the Supreme Court OF the IL
United States in the conduct of its busi-
less. E., ~ b
making of the President to one man, Of
Assuming that the five Senators who are Of
,hosen will be so partisan, that the tive re
who are chosen will be "
O partisan, that the five Judges who may W
,e on that tribunal may be 30 partisan H
md corrupt that every one of them, dis W
eparding his honor, disregarding his OBJ er
igations to his country, disregarding his th
6ligation to truth and to law and to JUS hs
ice, disregarding the solemn oath that he in
J to take as member OF the commits th
ion. will be so corrupt that he will have th
10 other guide for his decision than the ar
,ehest ofparty, it is said that the decis- id
on will be that of one man, as the tf-
zenith member happens to be Demo- al
rat or Republican. say with the ia
enator from Michigan that if the public tn
zen of this country have reached that pr
epth of corruption and degradation our tiC
,stitutions have lasted too long. 1t is
me to cease to have judges of your Su- IN
RENE Court; it is time to cease to honor of
nd respect Senators and Representatives Sc
Congress it is time to cease to ask the tn,
eople to yield a willing obedience to the an
.Ws, and willing and reverential ODE. re-,
ience to the decisions of the courts, if or,
lose who constitute the highest officers III,
! all the land, members of the highest do
Idicial tribunal, members of the highest ve
pislative assembly in all the Republic, III,
e 80 utterly corrupt that they are will air
10 to be forsworn, in the decision of III,
use submitted to them, at the behest of t;o
eir party. / do not believe it, and l 90,
,lieye it the less that ! come from the ;nc
,mmittee that reported this bill and We W.,
ter three weeks laborious labor on that ate ate
,mmittee, say now, democrat as l am dis
I'd firm as a democrat can be, that l suC
ould be willing to submit the decision }
this cause to that committee myself; O..
,cautIe did see in the deliberation Of Do Do
at committee, l did feel it in the very b", .V
mosphere that surrounded US, that Se' e'
hen the emergency comes, when the his ,
ial comes, men can rise above party and hog hog
at they do rise above it. son v,
But, sir, very novel objection was AZ Az
arted by my colleague, and although it tho h,o
a little out of order to notice 1t now / u;a via
III dispose of it at once. Speaking of tbo bo
g fact that it would require the concur the the
nee of the two Houses to overrule the t,n. sne
cision of this tribunal, he quotes pro- wv wv
u