The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-01-25


counting tu vote. He thcn referred TO the
i iilleutios attending tho. Presidential CON
t'st IN 1900; and said that not only the
the leaders " thought oil over the country
had their attention riV'trd upon the subject Of
Just su' h questions ~ some of those
awaiting solution now. Hu quoted from the
~ thrn DIS, ,nsse j. pr scrih.ng u, mod, ~ de-
Gliding dslut II eertlcns in the otllces OF Prcsi-
dent and N!cc-Pr silent and snid that In the
House uf Representatives the debate was lel
aad the bill man eed by John Marshall
lnut high Judgment sent whence over
the whole world he became renowned.
IL was hn who argued a. to thc ncr'sSity OF
tpns j lkr husc Of to-day. The Senator from
Ohio tMr. Shcrmanl. yesterday, erronNously
=, s. .ons of The coinmittoc. The bill did not
do SO; but the bill OF 1870 did 50 provide.
We're it not for taking up the time OF tho
from California (Mr. SARGENT that our fore
fathers thought impartiality was gained by
ba,es Nothing In the hill OF 1900 ever for
one moment put forth the idea that the
ihc power To count the electoral vote.
That the Vice President hnd any authority
iuuher than TO open the cert ile'.tos was nevcr
wide that the President Of the senate should
not direct for himself the order In which he
would take M panr open the cortll at,S; n the
lrEislIton uf i7gi II was asserted ly
unity of voices thi, the paramount law Of the
republic had reposrd IN the two Houses Of
Congress the duty OF constltutionully lawfully
uul pe.e,fuly declaring the result oi an cc,-
ton TIE two Houses Of Congress and they
aloue. must d"terul ne whether vote was good.
bud or Indifferent
He neNt rcicrr,d to the twenty second joint
rule. agreed upon in 1865. and said Il was
adopted whrn rclelhon stood cory and with
upllltcd han It's. striking al the Nitlls Oi the re-
hagis. Many ats misht Do prSpn,'
He never believed the Constitution WIS
violated becausc the Government assorted il
had right to be-. The twenty secopd Joint rule
had gone. and he rcloircd that 1t had. but the
argum, mt remained. and. like Banquos ghost.
wSad not down IL tes pSwsr TO ycs, soan,
IN the Pr, sidcnt Of the senate. the twenty
second joint rule and every other Joint rule on
ing Of Mr.. Morton's bill in regard 20 counting
the electoral vote. which passed the Senate ist
siils'0' GUY Voted asalnst IT. VIZ VIZ; the senator
from Vermont Mr.. E1mundsl. the Senator
from Wisconsin MIR Howgl. and himself. That
ni would have deposited with the House, Of
Representatives absolute power to settle this
rl,' ton. 1t tpassrithe : nntc and waa held up on
u motion t. re unsilcr made by u Democratic
Senator. Had not that motion becn made the
House OF IL pres nt!tiNrs could pass the bill,
and unless the President found some cotlstitu-
tonnl objections To II the die would bee cast He
tn,n read from the bill and argued that pro-
videl thut only that return should b. counted
hn the Valid return. The honorable Senator
irom Indiana Nlr Moronl SAID that the bill
now before tho Senate was n cOntrivunre. II
th'r, cN"r was contriyance II was the hiil
VIII II passed at the last session. II was u po-
III fal lirll Gue paved anu honcycomDcu Mlth
Mr. Conkling said he believed the Republican
n"ininrc had been chosen the Chief Magistrate
oi THIS country. H. believed him 10 be "A patri iot
IN npallr oi NH tns Injury upon his country.
ana he ASKED hlui To- tusr a tito tu his great Of
Il - that no ON" could question. 1t was not Tor
IN asseit'gn of tnG lazy making i,9w"r,
g.. hay hav' reacgiui hdelmats M,cn,nnisl. c,lliii.,
would be solved II this hill was u compromise
OF truth, OF law. or OF right. he WIS against IL
above ali. i did not compromise right prin ,ipl,
OF the Constitution. To contest n claim was not
to II IT, insist SpIn @n Hat sonsst w
not compromise A Presidential election had
SSSprred Ss and unless G tasre wss s tig somebody
compromise. lie referred 70 the argu-
% %menis against the const.tutionali,y of the
Ssked TSi'" ehetSsr GlT' the Silver commissi%a i
appointed hy Congress was Illegal or had its
| powers destroyed hccause throo Of tn" mem-
b-.rs Of the commission were experts and not
| members Of Congress. Was the army commits
sion Illegal because the General Of the Army
| dignity and strengthen that nommhsionf
Mr.. sherman sand the difference between the
| silver MISSION. the army commission. and
| tins comniss on - make President Wa that
| the silver and army commissions reported b.
! ether hous. oi tYhsross' 9nl tnrlr Htl"n we
| Of no account until accepted by Congress whlo
the ton of the commission tO make a Prosi-
dent was binding uni IS overturned by the con
Mr.. ConShns asked. Was 1t ever heard that
Congress could not inp pose upon ational ON prs
extra or additional dutlosY Did the honorable
senator from ONO deny that Congress had Tn,
| power TO employ Federal Juise 10 > tile II
contested boundary between States or .as.
welfare The two Houses. from beginning u
end. were t. make an examination ot the clec.
| toral vote. They agreed beforehand to make il
in part uar way. 10y committee whleh was
fer (5sy s time r@l t@s The Ibs WSso ,To YSs. ,So
| absolutely within their grasp 10 th,
end.,, 1t was The excrcise OF power. by the
two Hous - ani not the delegation Of power
ns had been la ncd. Recently. II WAS PROPOSED
u make the Cnici Justice OF tho Suprnmr Cour-
the umplre in THIS cont st; The honorable Sen
th.r"Qi, no oonst tuiional Ouit hlm restraining
NJ Morton WI satisfy you directly
head, ami Was nlout to road from the r"cor,
a. sat s'y HIM. ltsuming his argument, he re-
! irrrrd tD the Geneva Commission Tor til" set
tirnnnt OF the Alabama diilirulty with Grra
britain. ana said on Of the great' - I'm
L rysa on ino cart. Waa Ne umpire on tnr Sai
ana the t'rrltory awarded were Nnluclrss com
pared with Ne tranquility of our land for
single day. II hc VINO luleth nus own spirit Il
gr' at"r tan he who ttk"th an acmrd city. wln
should be SAID OF the millions who b.
nm nt as nolseoss as the waye OF
m hour lie commented at some length upol
the powers and duties OF the commission. m,
said il could do nothing not authorized 10y tn
Constitution and the law is it now stood an,
that t must report 10 thc two Houses of Con
| bIfS-. II Wi.N not a rowing tbilni-Nlpfl 10 IRA
verse all the r'llm- oi tan y and Imagination.
Mr.. Dawes tl.rp., Massl sad. while he hrar'
the natur from HW York with gr 'Ht positive
n"sa a1a. RI tucfA that the commission must h
bound tY tAr Constitution, he had heard othor
| Witu equal puStltrnoss declare that the com
lnlas on cuud ~ behind tue returns from
STATE 10 5 tile Qu stlon, which belonged l.
States themselves. Would il not be- snfrr fo
Congress By statute, tp limit tho powers am
duties Oi the cOnImiSs ion.
Mr.. tonkng said the commission would b
| bound with an oath, and its n'tlOn wins sublra
t. review hy Congress. II III" Senutor iron
Mu--a 'huscrs proposed to launch upon tn
heavy current o, this debate the powers of tn
cninuii7 71lun. he would be- launching tho sub
Jet upon q sea without shore or bottom. nn'
tur ilu Of March. 1917, or the 4th Of March, l51'
would not see tine md Of the controversy
Mr. DAW On nS seat made some remark l.
MI, COnhAhS A, 10 how tney did IN Massachu
i, s'tis.
Mr. Conkling said the idea that ANYTHING upo
the earth on IN the heavens hboye could bn u
perfect Us thty made t4ni,a in Mussl'husctt
he did not entertain for ono minute
When the other States ~ this Unio
even approximate the perfection OF Ma
} sArhuselts, tho time will have com
when no problem could exist that could not h
solved. Even contested Presidential vote
would count thems Ives, andthc whole uniyer'
would 10 on 10y an autOmtir aud self adJuSiin
pru~ss. llaughtcr.l Coltnuing his urgl
mcht Mr.. Conhllng denied that the bill was