The New York herald., 1877-01-24

the tabulation read He looked at IT, lie con-
vinced OF the enumeration. He announced II 70 tho
two houses Hc signed the certificates
Again. look at what John Adams stated on tho Sd Of
February, 179'. The committees had been appointed,
they always were from 1893, beforehand ior what
..ro ascertain report the mode which the cleo.
toral vote should be examined" bold usurpat,on
tho President of the Senate mad the right! Tney had
reported, directing him. the President OF the Senate,
10 do certain things. and on receiving the count
declare tho result speaking his oatn tha, the ma
might hear. what did he say? That hc derived his
posed in MIN this high prerogativeY On no, SIR
WHAT JOHN ADAMS SAID.
'ln obedience TO tho constitution ana law OF inc
Congress- expressed In their resolution passed at the
present session, now declare by these votes such
And now remember a romark OF Mr.. Chancellor
Kent, which read by the honorable Senator from
indiana which has often been read as authority against
| the power OF the two houses enact such a law.
This remark, which shall road, cll from the lips OF
| the Chancellor in OF tho addresses he made
to college students These addresses were not
know by him to be the germ OF those commentaries
which, growing in cxacncss and care, Increased into
one The copous repositories OF the
law They were designed originally to bcsu,ic the
heaviness OF unwoutcd and unwclcome ease. lie had
lott Bench sixty the constitutional limit, and as
| he says in somc touching words which preface this
volume he dreaded tho heavincss Of vacant hours
lie wen. into the Columbia LAW School to hold disser
tatou, general and elementary, designed 10 lmpart
the study OF tho law think must have borrowed
some words Yes he says that "thcy are of that
| elementary kind which is not only essential TO
every person who pursues the science Of the law
nr,ciieaI nrotession but is deemed useful ana orna
mental to gentlemen IN every pursuit." thus SPEAK
foundations OF culture at large We observe that the
language ho empoysis naturally nexact, Or rather
nconcusive aud wanting in judicial exactncss what
cnAxcELLon KESr's STATEMENT.
In the OF questionable votes anu closely contesea
election this power may be ai''mport"n'.
That is the power to count want to stop here
moment and will read again. TO remind those who
think that is mere arithmetic, OF tho conciu
sive condemnation involved in these words
In the case OF questionable vote. and closely contested
submit to my honorable friend from Indiana II
everything that comes good bad ana Is 70
would not be ''a-mportanI" 1t would not be OF any
Importance at all If that was the law. But now he
ssys:-
And in the sbense Of al legislative pr0ysSSn
votes and determines the result that
witness the fairness OF tho
s be The
Mr.. President. on that language beg to submit
three remarks In tho first place, ~ presumed" l
need not ask lawyers whether that is the term en-
ployed by great magistrate long accustomed to
weigh exact scales with unevered hand tue questions
that before him and to pronounce distinctly his
judgment upon them. ~ presume" is not the Ian
guage OF judicial conclusveness or exactnesa oh'
no
Mr. EDxuNps-lt is a guess
Mr.. CoyKLING-A guessy Yes, a guess; and q very
pardonablo form OF speech when you consider what
follows:-
In the absence OF all legislative provision.
Does any who holds up Kent as authority after
that deny the power Of the houses TO legisate? Or to
put the equivalent Of the proposition. does he man
tam that the constitution deposits with the President
OF the Senate this powerY Tho constitution says:-
"Ihe President Of the United States shall be com.
mander in chief OF the army and navy" Does any mar
tary State Congress shall be commander chief
or that you can put anybody in partnership with tho
President commander n-chiefy Does II matter that
the power is expressed IN words? No. sir. No matter
what may be the form OF words II the power Is depOs
IL. inc chief, in you, as The presiding officer, to
count these votes, there IT is-that Is
iieved that nothing could been absurd than
the words n the absence OF all Legislative provision,
he would have known that no Legislative provision
could have any more consequence than tho wind, OF
which 1t is said, "No man knoweth whence 1t cometh
or whittier 1t goeth." But again:-
presume in the absence Of all legislative provision
the subject that the President OF the Senate the
Yes historically he does In the sense Of narrative
he did Before that conversation was uttered
by the Chancellor, nearly hity years ago.
historically aud in the sense OF narrative
Of this statement he DID so do. You do great many
things the President OF the Senate had done in this
regard by the acquescence and command OF the
houses. You appoint committees, not only OF
conference, but other committees A standing rule
OF the Senate says the Senate shall appoint COM
ntees by ballot, doNs it noty But yet tue President
oi the Senate does 1t. Why? He does 1t by the ac-
qucsccncc OF the body the organ Of the body under
the command OF the body just as he signed the certh
Gates to which have referred.
My honorable friend from Maine (Mr Hamlin) thinks
that am little Inaccurate Although it has nothing
to do with the line Of my argument beg leave TO say
to him that my recollection IS that the rule provides
that committees shall be elected by the Senate and
when absent friend from Rhode Island tMr. An
thony), who leads US in such things. rises with
list OF committees he moves, submit to the honor
able from Maine that the rule DC suspended to
the ballot ana that those committees be adopted
and when a conference committee is appointed The
Chair inquiries ''By whom shall the CON-
m,co be and no %.r Senator says
Does he do it, in lawyers phrase, es propyio rigorep
Does he do 1t by right which inhercs IN him. or
does he do 1t as the reflex the mirror in which is re-
uacf od IN nj q
Mr.. President say that the words OF Chancellor Kent
clearly mean ttat in his opinion, the determination
of the electoral vote was within tho law. making prov
ince.
beg to call attention to the view OF this subject
been taken by those who held IN pleasant and
respectful memory by Senators and members
arose which awakened sharp interest in this
Chamber The words which ! have read from
sat here from the State OF Vermont, made some OBJ
servations upon them He SAID nobody supposed that
the Vice President could exclude thern-tnat Is ques
TONED votes. But was about to say that ! never
heard IT doubted before that such contingency as
might well happen, because OF the manner IN which
the constitutional provision was iralned could not be
provided Tor by legislation Chancellor Kent, in the
first volume of his Commentaries, says, and then
he quotes. Mr. Collamc resumes
He admits that it is In power OF Congress legsate
and doubts only whether in the absence of legislation there
the vested with the to count the votes
and declare the result and in relation to that he only able
the President OF the Senate is count the votes and
But he presumes that only the absence Of legisla
ton Legislation the subject, therefore, according
to the high authority Of this distinguished jurist, is
dmissabic, and OF course, within the power of
Congress My eye falls here, Mr.. President
words uttered by your predecessor
Jacob M Howard, of Michigan whose attachments
u lawyer were recognized by all who know him.
who was OF the leaders OF the republican party
who believed you believe and as believe IN that
party and in its mission and In It's record. respondent
as it is beyond any other in arduous and usrious
achievements. Mr.. Howard said on this same
do doubt the OF Congress should they
tit authorize the President the
votes after he has opened the certificates but in the alb
of such statutory provision certainly could
the presumption OF Chancellor Kent thn the Pres
dent OF the Senate would have the count the aud
declare the result IL is impossible lr in this
intim alton of gushed authority. shoni
the hold In the absence Of Congress-
the duty counting the devolved the
houses Of Congress thus assembled.