Year: 1877

not like that II he was to choose between this oil
and war no would accept the bill, but to did not be-
leye there was any danger


CONSTITUTIONAL QUESTION


The court or commission authorized by this bill
WAS not authorized under the judicial power OF the
constitution II to be political court. and not
authorized by the constitution at ALL Hc thought the
b was traceable TO his friend the Senator from Yer
mont tMr. Edmundsl because In a debate year ago
he shadowcd the very propositions OF this bill


Nj. sherman denied that Justices Of the Supreme
Court also officers OF the govcrnment could be thus
called upon to I'LL other Offices. this bil proposed.
The practice had been tor the President
TO nominate such officers anu the Senate TO confirm
thcm. II ono oifcer is designated 20 perform the
duties OF another he be confirmed by the Senate


pELEGArISa THE POWER or coSGREss


Another objection he had to tho bill Was thai II uu-
derook delegate powers conferred upon Congress TO
commission. twas an axiom Of the law that
legislative could not be delegated This bill was
intended 10 apply already passed, ended and
concluded, and was unconstitutional on that ground.
either house Of ho% could this eo
trolling the vote OF States be delegated? This enor-
nous power which could undo the work Of the State
could not be delegated TO packed tribunal


Another feature OF the bill, in his mind. violated
tho spirit OF tho constitution which provided that no
member Of Congress could hold ofhcc created while
he had a seat IN Congress- The members OF tho
Senate and House on this commission were not, ike
other committees OF Congress- to take depositions and
report their respective houses but after being ap
pointed on the commission they were independent ot
either house OF Congress. He argued that the senate
delegated all OF ITS power 10 the committee OF five
and the House did the same and that power
could not DO withdrawn. II was hardly
pOSSOle tnat tu5 power WOuiu oc NUuscuj
but II IL should DO Congress would be compelled to
stand by helpless He argued that tho President Of
the Senate mad tho power " open and count the cleo
tora vote, ana this bal was attempt 10 change the
simple habits Of our ioreathers which were adhered
to until 1865, whom Congress- without consideration,
without debate adopted the twcntysccond JOINT rule,
but had now got rid OF t.. suppose the judges oi the
Supreme Court should refuse TO perform The duties
imposed upon them by this bill, Congress could
compel them 10 DO So l, was simply Imposing upon
these judges troublesome and painful matter without
defining their power. II the judges should decline 10
sk.n at,ntN nttlA In and


OY COMMISSION


When the count should lake place and tho State Of
FLORIDA was reached. must the commission take the
certificate OF Governor Stearns or the subsequent dec
OF the Supreme Court OF the Slater What would
be done IN the case OF Louisianay Would tho commits
sion accept the certificate or Governor Kellogg, the
recognized Governor OF the State would II inauire
10 all the bui.dozcd parishes and open up the
wnolc case anewy Would the commission bc bound TO
take the certificates OF the legal officers ot the
Statcss Why did the members OF tho
committee have something to say IN regard thereto.
everybody knew who President, but " they were
to 20 back Of tho returns Cod only knows what
would DO the result II would depend upon tho
chance In selecting the nth Justice Of tho supreme
Court


the commission all questions Of law ell Of fact
How they would decide mortal man could toll.


Mr. SHERMAN-That depends upon chance In the
Supreme Court.


Continuing his argument he said Tho Senate was
now asked to vote Tor thus bill, which substituted
chance for tho vote oil tho electors gwen according
law. He contended that tho bill entrusted 70 secret
concave the power to elect President; II was col
lego of cardinals for that purpose While this commits
sion would be In secret session considering as to how
the vote OF FLORIDA must be counted tho great States
OF Now York, Pennsylvania and ONO would remain
uncouuted tho people would be Ia u fever OF excite
mcnt; the controversy would be delayed. because the
very bill provided machinery tor delay He had doubt
their iull duty but this imposed upon them imposs
bic duties. Why was tho power OF tho President o
the Senate feared Every net OF his In counting the
vote must be done in public and would DO closely
watched; but by this bill that power giveE 10
secret committee. Suppose this high commission
ins the State Of its W vote Where was the clause in
the constitution comforting that power upon anybody
He submitted TO the Senate that II WAS nes
to count tho vote as II had been counted
heretofore, MS IT had boon counted twenty-five timo
during the history OF tho government. Il was higt
time that the exrome powers ciaimed Tor Congress u
reject the OF StaIo should be renounccd insteat
OF affirmed, as this bill proposed.


Mr. STEVENSON, tdem.l OF KY, denied that tho com
mission authorized by the bill was secret concave.
Mr.. SHERMAN said tho bill gave the commission
power to make It's rules and ovcry ono knew
would be secret He only approved Of one feature .
tho BILL and that was that neither had tho rgh
10 reject the electoral vote OF State. II was said tha
tho country was IN peril, and would he DO nothing
savc the country Yes, he would obey the law as
existed since 17S0 He was opposed TO patching uI
laws and introducing into our electoral colleges tn
him. By oil means. enjoy tho honors Of the oicc; an
II Hayes was elected all should yiold " him lawiu
SPEECH or SENATOR CoyKLISG.


Mr. CoxKExa said:--Mr PRKsIpENr-Bcforo roach
Ing the details of this measure or its advantages
merits we make sure OF the power In some mod


TO subject the matter the action OF the two house
or TO tho law-making power study OF this qucstiO
years ago convinced Of the right and therefore tn
duty Of Congress, the two houses TO ascertain
verify electoral votes and declare tho true result
Presidential elections eise by IN excrtion Of tho Law
making power, to declare how these acts sha
be done. Ny present judgment, may 50
in passing, does not rest wholly on prcconceivc
opinions. Some weeks ago, when the inquiry SCENE
likely TO assume unprecedented Importance reviewe
carefully, consccntously hope, every act and pre-
ceeding history bearing upon II, and, wiihou
the aid then Of compilations madc since, every utter
anco In regard to It TO be found in books. dstinc
ton may be drawn between the power of the scnat
and the House TO act literally and directly in conduct


ing the electoral count and the power Of Congress
law to provide for the proceeding In any mod
except the literal and personal action Of the tw
houses. II is not my purpose at this moment to es
plorc tnat distinction or inquire how far whethe
at ALL tho constitution incuicatcs the exact mode
form IN which the two houses shall execute the twct
article of amendment


CONSTITUTIONAL PROVISIONS.


II the constitution means that the houses
ascertain, verify and declare, or It means simply
command that the votes shall be counted, and leave
TO DC denoted by the law-making power the mode /
which that shall be done, the bill table execute
the constitution. II the true meaning OF article II
that the houses themselves shall do this Office the bl
docs overpass the constitution. II tho trrc meat


ing is that the act is ordered to be donc and no agenc
Is expressly designated then the law-making power
told how proceed by tho eighth section OF the ar
article OF the constitution In these concluding words:


The Congress shall have power to make all laws whic
shall and proDsr tor carrying into exccuto
foregoing powers all other vested by
constitution In the government of the United states
any department or officer thereof


II, however, the power In question is deposited
the constitution and Is not deposited with the tw
houses neither the bill the table any bill, ru
or plea seeking to draw within the province OF III
two houses or OF Congress Is of the slghte
efficacy or effect. Whenever tho constitutio
deposits power with any department oic
or iunctionary there II and there
must remain while the constitution Is our guide.