Year: 1876

ing out OF the late election. 1t was
brought forward in the Senate
long before either candidate was


nominated The Judiciary Commit
tee thought the safest repository for this
power of counting the vote would be in
tribunal which had a single,
solid existence, and not dual existence
as was probably the case with the Senate
and House of Representative. The
Supreme Court was usually composed OF
an unequal number of persons, and some
conclusion must be reached by it. He spoke
OF the dangers TO be feared on account
OF prejudice, passion and anger, which
must exist in so large body OF men as
the two houses OF Congress on decid-
ing questions Of this character, and
argued that the power of counting the
electoral vote should not be reposed IN u
political body. He favored the vesting
OF the power in the Supreme Court,
because the Judges were not subject to
the excitement which the great mass
of men are subject 10, besides
they were trained to careful knowledge
of constitutional law, and they would
bring TO the consideration OF the ques-
tion minds well fitted to the perform
ance OF the duty on account OF their I'M
partiality and great respect Tor the gov
ernment. Senators and Representative
were more or less partisan, and be they
rs pure US human nature could be, they
must be IntlueLc ced in favor OF this or
that party TO some extent. The Judiciary
Committee thought the Constitution
itself should speak plainly on the subject
of counting the vote, and speak to a lrl-
bunal which had existed since the Con.
stiIution itself.


In referring to the last section OF the
proposed am. ndment, making it sppllca'
bic 10 the present contest II ratified II time,
Mr.. Edmunds said he did not share IN
what WAS said by parties who should not
have made use OF sucn expressions, that
there was danger OF any civil CONFUSION
by force nat there would not be such
trouble unless it was forced by these men,
who care more Tor what they can make
out OF the war than they do tor the peace
OF their country. If the TWO house OF Con-
gress could not agree n regard 70 the last
election, It did not follow that wise
men and patriotic mem would tall back
on their musket:. He did not think the
good sense of this nation, with It's love Tor
law. was going to allow any dispute Is to
which OF the two men voted for last
November should appoint postmasters
and sign commissions during the next
four wears. There would be lound some
where In the Constitution way 10 settle
it pescesbly.


Mr.. Morton said he WAS sorry
this debate WAS thrust on the
Senate now, as he had no. carefully
considered this proposed amendment,
though he had studied the general sub
ject Tor years past The Senate should
be very sure tnat the proposition now
Uefo:s them was true aud proper one
and one under which the country could
prosper and live for all rme. Should
this proposition be adopted 1t was very
certain that none other would be adopted
for many years. There were number
Vi iatal objections 10 this amend
ment. 1t proposed TO trans
fer the count ol the electora! vote
to the Supreme Court, which would
make that tribunal n political body. II
would make that court the grand re-
turning board OF the country, and its
motives would always he Impugned
When the Supreme Court of the United
States should be vested with the power
OF determining what party should be in
authority for four Years the members Of
that court wauld have political power
viii b would be dangerous. lie argued
tha the proposed amendment was a
re g.. actmcnt OF the twelfth article
Of amendments TO the Constitution,
with three changes, which were: First,
that the electors shall vote rira roce in
stead rf by ballot; second, the transfer
of tn count of the electoral vote to the
Supreme Court; and third, making
Supreme Court Judge ineligible tor the
office of President or Vice President un-
til the expiration OF two years next after
he shall have ceased 10 be such iusLice.
The proposition left the Electoral College
standing with all It's abuses. The people
OF the United States were opposed
to that institution, as it was full
Of danger and trouble, some Of
which was NJ the very doors Of Congress
today. This Electoral College was
rock in the channel on which the coun-
try was more likely TO split than any
other. Mr.. Morton then quoted largely
from the report which he made to the
Senate two years ago, from the Commit
tee on Privileges and Elections, to show
that he opposed the Electoral College
then, and said that he did not believe
the peoplr of the country would ratlf!
the proposed amendment, with the bl"a-
torsI College provision standing. he
objected to the proposed amendmrnt be-
cause il re-enacted the provision author
izing the election OF President by the
House of Representatives. This provi-
sion he regarded a one OF the most dan
gerous in the Constitution. It gave t.
Nevada. with her fOrty-two ,uousAnd
people the same voice 10 the election IF
a President that New York had with
her one hundred and fourteen times 3,
many people. suppose 10" election
of President Ior the ensuing four yrsrs
should BE- thrown into the House q R
presentatives. a President would hs
elected by the men VINO were
elected two years ago, and many OF
them did not represent the will OF the
people now, as they hst not been re-
turned to Crngress. This clause author.
izing the mouse to elect, was the last
clause put in the constitution, and It was
put there without deiiberstiOn and with
out deoate. The country came near be.
ing shipwrecked in 1901. The article
referred 10 brought about the election by
the House in that year, and would utterly
damn any public man OF this day. He
argued in favor of having the President
and Vice President elected by direct
vote, and had read the constitutional
amendment proposed By the Committee
or Privileges and Elections 70 that effect
two years age.


NJ. Edmunds, IN reply to a question OF
NJ. Merrimon's, said that all the mem.
bers OF the Committee on Judiciary were
OF the opinion that it would be better -
have the electors vote rira roes than BY
ballot, as the sction OF the chosen agents
of the people should De public, 20 sll


E..Na Ill