New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-24
SENATOR sHERMAN's SPEECH.

pIIIl-THE ELECTION OF THE PREsiDhNI III
CHANCE-A POLITICAL COURT NOT AUIhoKAhD
UNDER The CONsTIUTIoN-THE SUPREME COURT
JUSTICES NOT COMPETENT TO ACT.
WAsHlNGToN, Jan. 23.-At the close OF the
morning hour to-day tue senate resumed consideration
NJ business being the bill reported ny the
select committee in regard TO counting the electoral
vote. ia.
Mr. Sherman (Rep., Ohio said when the eommittee
WAS appointed by both houses OF Congress 10 taho
into consideration the count OF the electoral vote ne ex-
pected AS matter OF that in case the coinh'ec
o,rced he would be able to vote for their bill lie had
tbe highest respect Tor members OF the committee
and it was Painful thing for him TO dissent from nc
views OF gentlemen whom he esteemed 80 nien3'
but after the brief examination No hau CIV"
tine bill he felt 1t 10 be his uuE
70 vote against it, IN dissenting from the views anu
creising the work OF the committee he desired al inc
outt to express for the motives and Work OF the COM
ptee his sincere respect The bill before the SehHc
was designed to settle DOW made up III was pl
70 make court decide case already MADE up No
one avors this bill permanent legislation he aeueo
that there were provisions in the bill totally neon
,,ati,le with the Constitution of the United States such
law as this would be evil example, and senators
eonld carefully examine TO see II 1t could De supporter
by the Constitution.
A CONSTITUTIONAL TEST.
The only persons who were authorized by the Constitu
ton 70 witness the OF the electoral vote were the
President of the Senate. the Senate and the House oil
representatives Up TO this time the four questions ais
cussed IN connection with the counting OF the electoral
vote
F sha pe sose a e 4en SSu' vote
TbiTd. Can iOth houses cuncurIine do 50 Il.
a4 4Ss" 0'0' 'H' NO, ''
This bill presented oher questions which We're Of oS
1pOic grave and serious character me committee mao
reported bill which con. alncd iGuF plGI35, rs 70
but joint meeting and open the certca'e
one hoee cannot r,lgSI c y%e vote may DO So
F0h: IT Troyced Tor fTShd SGihSs S oc
OF the two houses
FITCTING A PRESIDENT BY CHANCE
II WAS known by the select committee that III ore
house one political party IN power, ana that III 'hr
other the other political party had contIo The con-
ntee knew that in the Senate three members OF TIE
majority and two of the minority would be appointed
members OF the commission, ana III the House or Repre-
scutayes the same rule would be followed; TINS IN
members OF The commission representing cach house 1"
Congress- would neuIraze each other. He did not say
the members of the commission might not rise above
marty uredicctions and decide matters according to iay
1ne other five Of the commission were 10 DC
}6e four Gi judges dyssuated by the b were
selected account OF geoeiaph.f33l ioca,Ioii,
II thar was the il strange thnt all OF ha Vas
recon lying between the Allegheny Mountains and "
Mississippi River had been excluded from ttt court ne
argued that four judges we've selected on acc"d! o.
their political opinions, Two representing either lfrty
TIE ii III iud@e ana hl,oehih hjApva % tV i,
to be decided by chance ~ VIZ E'Tai 80 nm
nv chance who would be President Of me tntcP 9trT
Why The CllclJUStlCc cAciuNtuf 4i' Nii'
did not IKE tat If he was 10 GA2o.e Des"cUu t1T .
and war would accept the b but he dd moi De!ieFe
there any danger
A POLITICAL COURT.
The court or commission authorized by this biz was
not authorized under the judicial power Of Tie Coustu
lion 1t was 10 he political court and was not author
lied by the Constitution at all lie thought tie bll was
tracaabe TO his friend the Senator from Vermont orr
Tdnuudsl because in debate year ago he shadoWcC
the very proposition of this bill Mr. sherman denied
that Justices of the Supreme Court (SO offers Of the
Government could be thus called upon to MI other
Offices as this bill proposed. The practice lad been III
such cases for President TO nominate such officers
and the senate 10 confirm them n one oGgT Is c9si
mated to perform the duties OF alOt er ne must nc CON
fIIned 10y the senate Anotner OBJECTION hr haa 10
r. red upon Congress commission. it was an axiom
OF toe that legislative powers could not D9 deie Sate
ANOTHER GROUND OF UNCONsT1UHoNAuTY.
This bill was intended to apply TO case already
passed ended, and concluded, and was unconstitutional
on that ground If the power TO eesate could not be
delegated by either house Of Congress- how couid th
power controlling the vote OF States be delegated
This onUrmous power, which could undo tire work OF
the State could not be delegated to packed tribunal
Another feature Of the bill. in his mind violated the
spirit tie Constitution, which provided that no mem
Der Of Congress could hold Jice created whe he had
n seat in Congress The members OF the Senate ana
House this commission were MOI, ike other commit
respective houses but after beng appointed Oh the com
mission they independent OF either house 81 Cor
gess argued that the Senate Delegated al lis power
IL the committee OF Eve. and the House did The same
and that power could not be Withdrawn; IL |a9 ia d
should be, Congress would be compelled 10 stand by
helpless. He argued that tie President OF the senate
had the power open and count TIE electoral vote ana
bin attempt to change the simple habits Of
fOreathers which were adhered To until lSO1 when
Congress- without confederation, without debate, adopted
the I'D Joint Rule. hut had now got rld OF 1t.
Suppose the Judges Of the Supreme Court should refuse
u perform The duties imposed upOl them by this bill;
Congress could not compel them TO do So IL vas Simply
matter without defining their power. II the judges
should decline act, the scheme would be at an end
Wien the count should take place and the state Of Flor
IDA Was reached must the commission take the certil
Of Gov S!eaTDs the subsequent decision OF The
Supreme Court statei What would b. done the
case OF louisiana Would the commission aecepr the
certificate Kellogg the recognized Governor "
the State, would II inquire As To all the Duiidozed
parishes aud open up the whole anewi Would the
commission be bound 10 take the certificates OF tho legal
Officers Of Statcsi Why did not the members OF the
committee have something say Ia regard thereto. IL
tbs commission were 10 take votes as eeltlied every
body knew who President but II they were 10 20
back the reuns, God only knows what would be the
Itwoud depend upon the chance III selecting the
Mr.. THURMAN Dem. Ohio said the biz sent 10 the
commission all questions of Law ve as Of fact How
Mr. SHERMAN" That depends upon chance In tie
Supreme Court" Continuing his argument, he said
the Senate now asked 10 vote for this bill which
substituted for tho vote Of the electors gwen
according 10 law.
SECRET CONCLAvE.
He contended that the bill intrusted 10 secret con-
claye the power elect President t was college VI
cardinals for that purpose While this commission would
be in secret considering 10 how the vote OF
Florida be counted the great States Of kewYork,
PENNSYLVANIA and ObiO would remain uncOunted. The
people would be in fever OF excitement. Tho cOntro
yesy would be delayed because the very bill provided
machinery for delay. lie had DOUBT members Of tho
commission would endeavOr TO do their full duty but
this imposed upon them impossible duties Why was
tbe mower OF the President OF the senate iTedf Every
act OF his IN counting the vote must be done IN public
and would be closely watched. But by ths D t th