Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1878-12-20

In the Senate debate on the Electoral bill,
Senator Jones, of Florida, said

In the Senate debate on the Electoral bill,
Senator Jones, of Florida, said
Notwithstanding all that has been said in
favor of this bill as States-rights measure
it gives to Congress power over the cleo
tion of President which in my Judgment is
most dangerous. 1t was the observation of
a very wise man on this floor that there is
very little difference between leaving the
Presidential election to Congress and leav-
ing Congress to decide that election. The
sixth section of this bill gives Congress the
power to set aside the vote of any State in
this Union if one Senator and one Represen-
tative can be found to object to it. This is
stating it pretty broadly, but the power is
there. know it is not a legitimate a argu-
ment to argue against the existence Of power
from the abuse of it; but on questions OF
this kind all experience teaches Us that
whenever Congress is called to act it will act
in party spirit. Unfortunately for the
country, unfortunately for all. it will be
impossible to obtain any decision by Con-
gress, in my judgment, on question of this
kind into which party spirit will not enter.
To this Mr. Edmunds replied
My honorable friend says that part of the
bill is very dangerous, because there is con-
ferred upon Congress, or recognized in it,
the power OF determining controversies that
have not been determined in the States, and
that party spirit will guide every determine
tion. Suppose that to be true, what better
can you do? You must elect President;
you must count the vote and if the Ques-
tion arises on the counting of the vote some
body must decide it for the time being Sap
pose you have not any law, then YOU are in
astate Of chaos Neither House may be able
to agree at the moment upon precisely the
rules it will adopt for itself or if each
House is able to agree upon something and
does not vote down everything, its neighbor,
its correlative court, the other judge of the
election. il you style it so, may not agree to
that and you gain nothing, therefore, by
having no law in the place of some
law, although you may say that
party spirit will enter into it. So it will,
Mr.. President. Party spirit will enter into
everything to degree, but my honorable
friend is mistaken when he says that on
every occasion party spirit will govern the
Judgment of the two Houses, or govern the
Judgment Of tribunal that is called upon to
decide the question that is remitted to it. If
the Senator from Florida will read the pro-
ceedings of the electoral commission, as it
was called, he will see that there were some
questions which were critical indeed where
party spirit was not strong enough to divide
by party lines the votes of the members of
that tribunal. If my honorable friend will
look at the records oil the two Houses on that
late memorable occasion, upon eases that the
tribunal did not pass upon, he will also see
that party spirit was not strong enough
and coerciye enough to move members
to vote according to party interests,
because there were one or two or
three or more cases of that charac-
ter where the votes Of Democrats and
Republicans concurred in saving that a par
ticular objection was or was not valid. 1t Is
to be said to the credit Of human nature and
of patriotism, that it is only N questions
that come very near the line and where it Is
difficult for the intellect to decide between
opposing considerations and arguments that
this party bias which possesses US all really
has control. But be it much or little, 1t Is
everywhere, and the best that legislation
and government can do is to provide by pre-
ceding laws and arrangements for such just
settlement as is possible of disputed que'-
tions and under the Constitution, il We be-
leye in the rights of States at all, to have
them settled as the Constitution intended
they should be settled, by the State itself As
part of determining finally who are the
agents who are to express its voice 10 the
choice of President.