The New York herald., 1877-01-24

papers have announced that MI Greeley was buried
such day Nobody has tnat he was buried
alive Therefore thv presumption that lie was
dead. and dead thai gay, dead In that part Of that
same day wherein these votes we're cast
fhe Two houses separated this House
The honorabs senator from Vermont tAr I'd
mundsi proposed a resolution declaring thai
tho votes should not be counted Tne Senator from
OHIO before mo tMr rhurmanl moved to amend by
striking out The word not which amendment pgc.
vailed ! then moved al cndment aid to the
resolutions which then declared that those
Tor Mr.. Greeley should be counted. words declaring
the oi the houses counting the votes
to be ministerial as distinguished from tho effect
that count uf votes.
so have read somewhere that had expressed the
opinion that counting any votes IN amy sense within
the power Of The two houses was purely ministerial.
oh. no, Mr. President ! onered amendment n.
dcavor have the Senate explain that when they said
"votss Tor dead man should DC counted they meant
merely that they should be einmcra,ed that they
should be announced, that they should DO added
up not vote IN the language of tho net of lIv2 that
nIl Tho odice Of President the United states That
ninonamr mt encountered point of order The senate
ruled TIA. was 10 order oais 70 ANSWER me question,
while the House ha! considered. Tho House
said the vote should not be counted and there
was withheld from the memory OF Mr. Greeley the
tribute tribute would be, OF having tour votes
from Georgia manusliy aud automatically calculated
rs having cen cast for hm
refer TO this to distinguish, as | do In my own
mind, between counting tho chars IN the senate
chamber and dong that which ~ involved IN tho
stitutionai d,recuou touching the eloctora! votes
TrH JUDICIAL QUESTION
Indeed, I may say that tho word count" does no,
govern so much us the words s.,hc votes y rht
power Is not technically ladical whyy Because the
question does no, ars, IN judicial proceeding !, Is
power by Judgment 70 affirm truth aud
ine. rho power 10 Judge whether oli
shall pass not s judicial II Is not ministerial In
th.s case, Mr. fras,dent. u is political Yos It ~
political II involves the exercise OF the very highest
attributes OF sovcrc,ens When Coorado Is reached,
suppose member senator rises and III object
to The o Colorado because shc Is not state in
tho un,on' In tho case OF Colorado there ~ no
doubt but the question Is tho n shc
shr GUIDED In doubttnc question Is shalt hcr
counted Y rho objection II that she Is not
State IN the Cn'on, aud tho count refusal
to that voc Is nc response 10 that question.
No higher political question eau bc solved or touched
Is sho u state 10 law and IN facty Mr. President,
nations have fought over that question Tor centuries
a State tomorrow may stand under tho uphited ban
ncis OF revolt Shc may pass an ordinance vi scces-
sion, prostrato all tho forms or government. make
treaties with orcn nations se,zc tho ports arsenas
post olnccs custom houses. dock yards aud ships OF
the nat,on march m army into sister Statcs. Shall
her vote be coun,cdY
Il Is no answer TO say the law making powcr may
hx her status IN advance. The law making power may
act, may not have time To acI II tho law making
power ac,s hcr certificate here tho qucst,u ~
shall her be couuteds and hc VINO has the power
TO decide that question may decide II as he lists and
tho effect OF what the law making power has dono Il
only factor IN the open question.
Mr. EpMuSps--An indctsrminale one at that ON this
theory.
says, m ,nuctcmnate one at that on this theory II
Is not proper Tor me- us was about to do to recr &C
what may DO done In another legislative chamber. Let
me suppose, without assertion. that u minori,y,
formidable in numbers. OF the Law Committee oi the
IL not State that she Is incloatc inconsumma,e
member OF the Union, her statehood bclnu IN th.
objection here e. Tho law making ','.sS po~Sr has
acted, but the Senator from Vermont may woli
say u Is ndoterm'nntc. II .ho constitution
reposcs In you SIR the prcrogatvo an duty O deter
mining what votes shall be counted, WHO arc tho meni
bers oi tho slscrhood OF >tatos bv whom tho Cn,cl
Magistrutc Is 10 DO elected. Whether you might
weakly loan upon tho opinion Of somebody else, nut,
will not consider; but You, and you alone, ~ first
aud al lust, nro - solve that question. Indeed II
accept what said by The senator from Uhio
| Mr. shermanl th,s morning should begin to aoubt
myself whether my cherlsncd friends from Colorado
arc members Of tho Senate understood the senator
from ohio ~ argue that tho Two houses BY law cannot
enact IN advance that, on tho happening OF cors,a
contingency, u certain legal verify aud conclusios
should exist He stated that most explicitly " un.
dorstood him II ti'at bc true, awkward indeed would
DO sno dilemma 0i Colorado. Congress, by AN
enabling act authorized the then Tcrrt0ry ot Colorado
to statehood provided IN advance that, upon
tho happening 0t certain contingencies aud procana.
ton thereof DO ny tho Pro. dcn tho untcd
States, sho should DO crowned with statehood wnh
at tho hour when tho act spoke The Prcsi.
don't has maac the proclamation evdenual
Congress, spoaklns When tho condition is complied
with, Colorado 10 to-day complete IA her rights
msmcer o. .m1 Union ~ - 'nG proaaost @ s OF mos.
irlend from Ohio Disputes the doctrine uy which shc
here. Ny honorable irlcnd from ono conironts nnd
c0mbats tho supreme Court, because that court long
years aso, affirmed, In the embargo that sucp
legislation was entirely Observation-Disclosures
incUnclusivc, provisOna-uutil tho hMppenin. vi an
cxtcrnai contingency, and ripcnng and bccon ~ et
icctual then.
| Mr. Misunderstanding to tho Judgment OF ths
President OF tho United States
| Mr. CoS4L,SG-And as my friend reminds again
most respectfully and becoming according to Tho
Judgment oi the Presldon, oi Iho Unilsd States
! But, Mr. President, have wandered very iar from
what Intended meant somo .iinc ago to say that
the scope and vastncss of this power anu 0f the
the measure O tho certainty aud clear.
Looso in,endmcnis will not do. Loose intsndl lents
may succ patry uses, but IN tho last quarter VI
suince TO convince 45,Uo 600 FREQ people that
| transccndcnt powers aio 10 be welded by one man.
in this chamber aud unmsdo 10 morrow by tho change
of u single vote
REAsoN AND PirxRss
Mr. President, docs tho sOn, does tho ntncsS Oi
things inform US that our fathers intended that tho
power to vtinc, on the allegation Of fraud Irregu
iar,ty tue electoral votes oi the States aud thus u
turn the scale OF PRESIDENTIAL clcctions WIS
posed In one man as sailor and better repository thas
The American people in Congress asscmblcdy Doci
rouson, does the fitness Of things select from iuE
( puago which turns away from tho Prcs,dcnl
Of the senate and drops him. tho. Idea
man selected Il was designed commit TIM
power Again, docs suggest that fathers
In soliciting unenan TO adudgo such quostl0ns soccies
him that might bc tho solo Judge In his own case,
Six times already has tho President OF tho Scnatc bcci
tho count was 10 DO made Did our fathers, who wrote
tbs instrument anticipate thary Tho very mes
! who made It proceeded IN scvon years to mako tue
President OF tho senaie thor own successful Prcst
dcntnl candidate, and 30 we aro asked ~ believe that
our nahc,s. profoundly Jealous as their words and
ncts, show they were Of human greed aud human
bttion, intended 10 make one man tho sole judge
whether he should mount tho loticst pinnacle Of
| American, II not OF human, ambition. Tho Other
| day mad under consideration a constitutions
amcndmcrt committing to ming Judges hoib
ing their COMMISSIONS tor lie, and indo
| pendent of Is tho monarch Of tho skies,
the count OF tho Presidential votes. and prov idinl
that ROT ono OF thom should ever DO eligible ~
Prcsdcntiui candidate until alter tho lapse OF years
This Is tho modern standard of safog against
bition; but we arc asked TO believe .nat our IAshcrs
the trained aud tho victims or abuses Undcr Other
systotns decided TO make ono man tho nnaI supreme
judge In his own case, although divine luw and
civilized jurisprudonce have declared siuce
the morning OF time that ever
shall be the judge In hts case, oven
though he sits with other Judges and. my oys
tails upon my honorable friend from New Jersey (Mr.
Frclinghuyscn | am reminded that the highest court
In his State has rccobty decided that act or the