Year: 1877

sOssASN eRSA VIZ oAN - sAe'
existed when 1t took place Nothing
could be mere fair than leaving disputed
questions to such tribunal. If they should
be left TO the two hou. es of Congress, as
was proposed in the bill, which passed
the Senate at the last session, the result
would De to leave them with large bod.
les of men who would 60 with the
swiftest current of warm debate and
warm feeling. This bill made no new
law-it only created q commission to de.
eide upon the law.


Mr.. Edmunds read the sixth section OF
the bill, providing that nothing in the
act shall be held to impair or effect any
right now existing under the Constitution
and laws to question, by proceeding in
the right OF title OF any person who
shall be declared elected, or who shall
claim to be President or Vice Presi.
dent of the United States, if any
such right exists. Continuing, he said
the committee endesvored to be so care
ful that the right OF no man should oe
injured, that it provided that after all
this had been gone through with, and it
had beeh declared that A or B was Presi-
dent of the United States, the other can
didste might, under the Constitution
and laws, test the question whether such
President was true or false one. His
right to do SO should. not be preiudiced
by the passage of this bill. 1t had been
contended by some of the gentlemen
that the Constitution committed the
right of deciding who should be Presi-
dent OF the United States to
one or more persons or bodies.
If that was true, it was fatal to this bill.
He had no doubt but that all the Sens
tors could say that if the Constitution
did repose the power Of deciding who
should be President in the President of
the Senate. they would not desire bet
ter judge than the present occupant of
the chair Mr.. Ferry ], but if the Con.
stltution had not reposed that power in
the President Of the Senate, no matter
how learned and just the occupant Of
the Chair might be, it would be IN in.
vssion Of the rights of constitutional
government TO declare that he hsd such
power. The Constitution carefully emu
mersted every power OF the Judicial and
executive authorities of the government.
If the trainers of it desired
to confer such power upon the
President Of the Senate how unforlu.
nate it was they did notssy SO, which
might have been done by two words.
1t staggered human credulity to be-
lieve the trainers of the Constitution had
thus designed TO turn the President of the
Senate into judge on the most critical
case which could befall the republic and
should not have said so. If the power
to open certificate from state implied
power to decide upon its contents when
opened, then the President of the Senate
had power to declare who was Presi-
dent, but he Edmundsl denied
that power to do one thing implied
power TO do another. The Constitution
declared that Congress should have power
to pass any law to carry into execution
any power vested in any department OF
government, The Constitution left it
to the law making power to carry all
Luee6 REtdI lOTCco IUIO c3cSutiOi. lac
then read from decisions of the Supreme
Court to show that the bill was consti-
tutional. The right to decide who was
President did not rest with the President
of the Senate; neither die it rest with Con
gress exclusively, until law should be
passed 70 that effect. de de- led eRphati-
cally that the President OF the Senate had
always opened and counted the electoral
votes. For just forty years of govern
rnent there never WAS an instance where
the electoral certificate Was drawn into
question. The Dill did not take from the
President or the PresIdent of the Senate,
or from the House OF Representatives
any power which the Constitution bad
vested in them, and therefore was not un-
constitutional. In conclusion. he hoped
the Senators would carefully consider
whether 1t wss wise, by stimulating z
do1o;s in their own minds, 10 send this
republic, like the mountains which q poet
spoke of as .'TumblIng in sea without
shoe" or whether in q fair course OF
eqaa aw, the disputes should be justly
settled.


The Senate then went into executive
session and adjourned till Monday.