The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-01-24

die, It will 20 down. "a other Governments
have gone. to the scpulchre of blasted
nationatics and buried. ep9chs. Is ma
JOrity less TO be trusted than one man
\ bare majority in this chamber in one hour
may select a President OF the Senate for the
purpose and the secret purpose ~ deciding
count and deciding II in one mode is such u
creature Of IN hour n stronger anchor than
majority Of the two Houses Of Congress? de-
Oregon case alone might make him President
OF the United States for one year or for four. Is
power than majority Of the two Ho,lscsY
Mr.. President, | have been thus far stating
ton. Let mo now, us | would I had before
done. ascend TO a higher region. Let me in
qniro what has been done by illustriops men,
sworn IA we are sworn to execute the Con
done since the Constitution was launched and
has been adopted by tho constitutional Gonvcn-
ton which has boon held ~ dellnngthr jurisoiic-
ton ordained by the Constitution On Sept II.
l'sI. the Constitutional Convention adopted two
resolutions. They wore transmitted to the
Congress If the Confederation. Tho Congress
II low dnys altcrwHrd. on the 2sth. accepted the
report without acting upon II otherwise. These
u c3mpanying documents and others were sent
sutution was propoundcd to he ratified or re-
lect"d One resolution recommended that the
senate should Rrpoint President for the
sole purpose OF opening and counting the
The resolution did not profess to define
or prescribe any power; i merely dcsignatod
an occasion, aud referred the obccts of that
OCCASION. II did not profess to conform To the
modes which the Constitution would bring in
The Constitution directed that tie electors
should send thcir certificates TO the President of
NE senate, This resolution, suggested that
they should be sent Ia the Secretary of the
United States. WHO was that WHY. il was
The Clerk Of the old Continental Congress. They
had hut one House and had n clerk, and this
was the man. Tho resolution did not even
PROPOSE that the counting should take
Whoever was to ,doil But what further George
Washington had been unanimously elected
President: Every ..lector had voted for him
voted unanimously. Everybody knew it would
be- So from the bGgnningi John Adnms Awas
solemnity of the proceeding of declaring that
election was like the sOlcmnty of the Sec-
rctary of state when he, announces that
or some other legal holiday has arrived
The time for commencing proceedings was
then was eleven men 10 quorum came. Invi-
tations begging men e. appear failed. until the
On Of April 70 assemble eleven men At the Cap:
iol. Then they were not senators. Not one Of
Thorn was sworn in until the 81 Of January
afterward. 1890, and these eleven unsworn SEN
at"rs aesSembl"d and commenced proceedings
under the said Constitution" What did they
dof They passed this order. to which l crave
the attent on of the senate:
April e. l7-p -Or,,of That Mr. Ellsworth inform the
formed h,t Trn.iant ,,o f I'M. ' ,,rn "s a
% ming The certificates and counting the vote of the
and , , nt 81 The tm,e si s's OF
stop there for moment. Tho resolution
proceeds. but stopping there | ask. is that u
pres ripiion OF authority or jurisdiction Let
st's~ ion OF the Senate this order had been
gdupr'd; Resolved That Justin 5 Morrill,,
lsu. "a senator from vermont. be- appointed
President of the senate for the sole purpose Of
trying tho Impeachment against \. H.. the then
respondent at tho bar. would that
resolution hay" meant that the Pr 81
dent of the Senate wits To- 10 the whole matter
az irving ihnt IMPEACHMENT Everybody will
~aN not Why not Simply hecatS" IN" Com
lffW lit
snail du. When the Governor OF the STATE Of
New York by proclamation designate. ~ he
often does. an individual named to hold an Oyer
and Tgrmincr Tor thc sole purpose of trying
tine indictment aluinst 4. b. Tor murder We do
not suppose that IL mems that hr is to bc nudge
'hd jury ana u exert me absolute" Jls dispO-
neildi and the authority of the whole ca-s. 80.
hhN IN r-vilil"n stopped hrf' II Wpuu inui-
President Of the Senate should be- cnoson not
generally. but pro hdc rt.' ns We should lay IN
g"urt-''husrn for a particular occasion. But
let me pursue IA" order.
And that the Senate l. rcndv In tho Senate cham.
,rig rce,d IA tile pre-nce OF the hous, to ui'eh
What luiyS 1t socms to BE- to count the cleo
Mr. sargcnt-why not, then, open the ccrtin-
MIR. Conklnc-I thought had assigned that
reason. because the Constitution had do
c,arcd VINO should open tho cert at"s. |
should understand that the Constitution pre-
scribed what he was Ia do. and what others were
~ do. And TINT the senate II now ready in the
Senate Chamber 10 proceed in the pros
~ the House 10 tlI-nlur1.. THAT dirty
and that the Senate have anrnintnd ON. 81 th.ir
members Il, sit nj the tl.rk desk Ia mike "A li.t
of the ynt.e us they shall hn d..l,r,. 4 f'-,ni
"du.larsd" | titr H. means r,.,..l % r. -
port "a 49," submitting IL 10 the WISDOM of the
House ~ alpolut on or more of th.ir mem
h,i~ fnr az. like luipo-c." who roi,ortod Unat
H.. Ellsworth did "that he had Delivered thS
message"
What lid the House do2 The House resolved
that they would attend for the purr,a, eV-
pressed ia the message delivered ly Mr. Els
WORTH | ask a1uin what was that purpo,. {?
They did attend. ThctplNrs made the rnuinDr-
alton of the votes What else orcurrnd2 4
curimiitc" was nppointpI t. prepare the cerfi-
q ui.'-. word FOR word. which tho Prosi-
dent Of the Srnat" should siisn aud no
was dilcrtrd b. sign mt crrtli.at,. But
before that WIS dome Mr. Madison
ruur o. say that the II r-s had directed him
o. Inform tlln S,nat. that the House had agreed
that the, lection should be certified or not,le,l-
now mark IN tine manner aud hy III. persons
whom tn" Senate should ho pl.isrd To- direct.
Had tlrC Constitution dir. led that th. President
OF the ~"uat, should certify or d.trrmin. what
would the House l.lv. Ia a., with CON. nl, T.,
NE Sonati The nasng Of dat sceot o On: 6 r.
vi if would tho. y, mat. Lu, 10 do with ,-N.ri--
inr the choir,, "''''
But the committee rrcnarol n certificate and
thr pr -id,nt If tho semitic was cnnn.and,al hv
the. order of thntwo Houses. or hy thr order nf
thee senate. Ia whom il WA. o,niniiiud tl cotiify
H. THO c.rti,i..fn Said fi. Pr.-ll M of tlg