The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-02-15
AoHdral
C0ntInued from Third Page.

task that would make this bill teto de SC
that would be certain to defeat 1t and
hold them no as mere partisans, or as
men without sense in the cohuucC Vi
public affairs?
Sir we took the only course that was
omen TO us. We provided tribunal, JUST
90 individuals who cannot settle their
Controversies must 90 to the courts IN or
der that they may be settled py a Ju9lulai
tribunal. Just so when these Two hous-
es cannot agree, they must call IN the
benefit of an honest, able and learned
tribunal, and weigh its decision before
thew ultimately decide; and that Is al
This hill does. Therefore it IS that TINS
hin leaves every question to this tribunal
with the mower, as | said before, OF re-
V;ew and reversal by the two Houses.
will sneak about that presently. IL de-
cides not one of them, it does not intend
to decide one of them, except one single
one. that is, it puts an end to the preten-
sion that the President of the Senate Is
the sole Judge who is to determine
whether States are IN the Ohlon' anu
whether this body Of men or that pouy
of men are the electors OF Preslueht OF
Vice President of the United States
Mr.. President, what are the auVanta-
Oes of this bill? | can only enumerate
Them: | cannot dilate upon them: In
the first place it does just what l nave
said: il puts an end to the pretenslon That
the President of the Senate ls the sole
iudge. In the second place it requires
him to produce everything purportlng TO
he a return, for if it did not require him
10 do that ii would in effect leaye him to
he the sole Judge by keeping one return
in his pocket and producing the other
only. In the third place 1t requires MN
to produce the returns in the alphapet-
ical order of the States.
[ do not mean to be understood from
ANYTHING / am saying here that l have
the slightest idea that the present occu-
nant of the chair would do any such an
act-not the slightest idea in the world
II is from no want OF confidence in him
that these provisions are put in the bill,
bnt that this may be good example,
In fact they are taken from the Dill oi
the Senator from Indiana, which passed
the Senate at the last session, long before
IL was known there would be any such
contest as now exists in reference to the
election of President.s That had, there'
fore, sir, not the slightest reference 10
you. A. uo.,,un,
in the alphabetical order OF tne states;
a very proper provision, and that ought
long ago to have been adopted; for, 9TH
erwise, if this country should be ahd the
Senate should be cursed with an unscru-
pulous President, if he had the discretion
to produce the returns just in such Or
der as he saw fit, he might give mani
fest advantage to one side or the other.
In the fourth place it gives time for the
consideration of objections, and in re-
spect to that beg leave to say that DIS
sent wholly from the remarks OF the sen,
ator from New Jersey the other day, ana
from those of my colleague too, who
drew an inference as to the meaning OF
the Constitution from the want OF time
10 consider these objections. This Dill
does give time to consider them and to
consider them with reasonable degree
of certainty and intelligence.
In the next place it provides for the
meeting of the two Houses IN a gwen
Mace. and prevents any conflict between
the two Houses as to the place OF meet
ing.
Sixthly. Ascending from these small
er matters, it provides for tribunal as
fair and competent as could be deVlsed'
Ifany man can find fairer tribunal con-
sistent with the Constitution, beg him
10 propose it. But no such proposition
has vet been made.
In the next place it secures regular
and orderly mode of procedure, and next
Il secures a decision and thereby avoids
a resort to violence. At the same time
II leaves the circumstances ofthe election
omen to future and legitimate criticism.
In the mean time it tends to bring peace
and prosperity to the country and to
strengthen and preserve our republican
institutions.
These, sir, are the advantages of this
bill, and they can scarcely be overestlmat-
ed. shall indulge in no rhetoric upon
them. If the bare statement of them
does not impress every Senator, it would
he vain in me to attempt to do it by elo-
cution. Then, sir, if this bill is avdan-
tagous, the only remaining question is, is |
it constitutional. /
Upon that subject let it be granted that
the Constitution contemplates that the
yotesshall be counted by the two Houses
which is certainly my understanding OF
the Constitution; yet it must be admitted
that no mode of procedure is prescribed.
That isleft to the lawmaking power. The
case in its present condition comes with
in express provision of the concluding
paragraph of section of article l OF the
Constitution, the familiar paragraph that
Congress shall have power to make all
laws necessary and proper, &c. Congress
may, according to its best judgment, pre-
scribe the mode; and this bill does no
thing more.
But it has been asked, may the concur
renee of both Houses be required to ad-
nit or to reject voter Certainly if the
two Houses are to count there must be
some rule on this subject. 1t cannot be
that the concurrence OF the two Houses
ia not required to reject. Those propo-
sitions cannot very well stand together.
It must be that there is some rule which
necessity requires to be adopted, and who
is to prescribe that ruler Who can pre-
scribe it but the law making power
The Constitution has devoted duty here
Just as we devolve duty on two judges
who hold our circuit court, The court is
held by two judges. What do we do in
the case of the circuit courtP The circuit
Judge and the district Judge constitute the
court. What do we do in such a case
but prescribe q rule ofdecision2 and that
rule is that where they differ in opinion
the opinion of the circuit judge shall pre-
vail.
Mr., Edmunds. That has been the law
since 1902.
Mr.. Thurman. Certainly it has; but
take State court; take the old supreme
court Of the State Of Ohio, so renowned
in the history Of the State, two Of the
judges going together to hold the circuits,
and what was the ruler That both must
concur to make decision. So, sir, is
there anything strange in this2 Here is
Al Il .o,ra. oek kIa TfHskaI Hkokao |