The New York herald., 1877-01-24
Law, Precedent Reason and the Future
Of Things Against It.
THE SPEECH OF SENATOR SHERMAN.
What Was Said and What
Left Unsaid.
SCENE IN THE SENATE CHAMBER.
The Overwhelming Power Of Public Sentiment
Asserting Itself.
DESPERATION OF THE EXTREMISTS.

DESPERATION OF THE EXTREMISTS.
FROM OUR SPECIAL CORRESPONDENT.
WASHINGTON, Jan. %, 1871
CONTINUANCE OF THE DEBATE ON THE EL.Ec-
ToRAL BIL1x-wHAr SENATOR SHERMAN sAID
AND WHAT HE NEGLECTED TO sAY-MR
COMBINES GREAT sPxEcH-THE PRErENsE
OF THE VICE PREsIDENT's POWER DISPOSED
oF-A CONSIDERATION OF THE PREcEDENTs.
The second days debate In the Senate has at least
settled the question Of tho Vice Presidents powers
der the constitution Senator Conklng, seriously Ill and
evidently suffering, yet vigorously attacked and SO
renchantly and thoroughly demolished, from every
possible point Of view the presence that the President
d the Senate intended by the francrs OF the
constitution to count the vote, or to do than open
tho certificates that he ever the VOTE or
possible construction of the constitution be supposed
TO possess the power 10 do IT, that is not probable
any will have the hardihood hereafter 10 revive
this question
Senator Sherman opened the debate, and, like sena-
tors Morton ana Cameron yesterday, was shocked Al
the proposal TO bring the Supreme Judges into poll.
ties. He shocked also the manner in which tho
judges wore selected and seemed TO have known
of case "f arbitration whore two arbitrators were
chosen with leavo to choose third themselves. A
~
studied insult to the Supreme Judges whom apparently
he would not be willing TO trust to arbitrato q
swsnsy-nvs dollar law suit which he was interested
Even Senator Morton looked though Mr.. Sherman
was OVERRIDING this matter little, for Mr.. Norton
doubtless remembered ths no said only last March,
little moro than ten months ago.
II seems TO me that II We have got to refer this
question any body It would be satisfactory 10
refer II TO the Supreme Courtof the United States
aud II you cannot do II In the character OF the Su
prcme Court, then let your special triband be
posed judges OF that court and let them decidc and
decide It forthwith
And again.
II VIC have power to g,ve any outside tribunal juris
diction, we have powcr to give Il to tho Supreme
Court and that would be the satisfactory tribunal
pie Of this country would submit with moro satisfsc.
ton to the decision Of that body than they would to
tho decision Of any one.man, not how wise or
how great he might be- or to any special tribunal that
we might create.
SENATOR sHKRxAx's NEGLECT.
Mr.. Sherman quoted Mr.. Pinckncy out OF an old
debate in support Of his views but he forgot to tell
tho Senate that with the exception OF Messrs Pinck-
ncy and John Randolph in tho old times and at most
nve or six Senators and Representatives. no one in
either house has since the foundation Of tho govern
ment doubted tho powers Of Congress over the
electoral vote Ho neglected tell the Senate that in
al the debates this question from the foundation of
the government to the beginning OF this session. not
ten men, drunk or sober-and one Of them was un-
doubtedly drunk when he spoke-have asserted that
tho Vice President has the right, under any circum.
stances, to count the vote. He neglected also to
tell the Senate that when, for tho only time
IN 1901 the joint committee appointed as usual to as.
pertain and "rcport method of examining the votes
Tor rrcsidons and Vice Presdent failed to agree the
Vice President did not shereupon TO the
vote, but the two houses, Notwithstanding no rule
method had been adopted, kcpt the matter
in their own hands precisely thoy have douo ever
since that thcrs is precedent for tho assump-
ton that, even IN the extrome case whore the two
houses fail to agree upon "mcthod Of examining the
VOTE" the Wee President has any power In the mat
Ter.
SENATOR coxxLIxG's SPEECH.
When Mr.. Sherman closed Mr.. Conkl,ng rose II
ID known that no has, within few days, suffered
relapse OF tho malarial disease from which
he has been severe sufferer since last summer, and
that was doubtful whether be could muster strength
enough speak Soon after he rose, members Of the
other house began to pour tho Senate Chamber,
which presently crowded, and DO remained until
he sat down. Most Of the prominent members or tho
House, OF both parties, wore present. and with tho
galleries, which rapidly nied up, listened eagerly
and with uniagsing interest to the speaker Tho
space In the Of tho crcc was 90 darkcned by an
ssscmbIagc Of distinguished men that, at various
stages in ns address, the speaker turnod invountaly
toward them as II appealing through them to what no
called the "patrotic vrtuo and the overwhelming
common sense" Of tho country. william N. Evarts,
David dudley Field, General Sherman. sena-
tors -oIcct Lamar and Hoar, aud the flower
st the House Of Representatives were present, and
Senator Thurman took up his position NJ the right Of
As Clerks dcsk, selecsion only convenient but
specially complimentary 70 senator who was ad.
sssssIng the body. lndispOssd a. he evidently WAS
". conkIng did not lack vieor Ho spoke extern
porancously, not having had the strength necessary
Tor careful preparation and The few notes which lay