Year: 1876

DNN.4'O 'uC JuuSts were not subject 70 TIE
excitement which the great mass of men are


subject to, beside they were trained to care


itu knQwledge OF constitutional law and thev


would bring to the consideration of ones


hons minds well fitted 10 the performance


Oh Ihe duty on account of their impartiality


ana great respect for the government SEN


ators and representatives were more or less


partisan and be they as pure as human


nature could be, they must be influenced in


favor of this or that party to some extent.


Inc judiciary committee thought the con-


sutuuon itself should speak plainly on


TINS subject Of counting the vote and speak


TO a tribunal which had existed since


the constitution itself. In referring to the


last section OF the proposed amendment


being applicable to the present contest if


ratified IN time. Mr.. Edmunds said he did


not share in what was said by parties who
should not have made use of such express


sions that there was danger of any civil con-


NulSlOn by force. There would not be such


trouble unless il was forced bv


the men who care more for what they can
make out Of war than for the peace of. their
country. If the two houses..of congress
could not agree in regard to the last election
1t did not follow that wise and patriotic
men could think they must fall back on their


muskets. lie did not think the good sense
OF this nation, with its love for
law, was going 10 allow any dispute as 10
which OF the two men voted for last Novem-


Der, should appoint postmasters and sign
commissions during the next four years.


There would be found somewhere in the
constitution way 10 settle it peaceably.


slr. Morton said he was sorry that this de-
bate was thrust upon the senate at this
time, as he had not carefully con-
sldered this proposed amendment,
though he had studied the general subject
for years past. Tie senate should be very
sure that the proposition now before ii was
true and proper one, and one under which
the country could prosper and live for all
time. Should this proposition be adopted it
was certain that none other would be
adopted for many years. There were Num-.
bcr OF fatal objections TO this amend
ment. 1t proposed to transfer the
count OF the electoral vote to the supreme
court, which would make that tribunal a
political body. 1t would make that court
the grand returning board of the country,
and Its motives would always be imYdgned.
When the supreme court of ths United
States should be vested with the power of de-
termining what party shall be1n authority
for fonr years. the membezs of that court
would have political pO~er which would
he dangerous. He argued that the proposed
amendment was re-enactment CT the
twelfth article of amendments to the cOnsti-
tuition with three charges which were:
First. that the electors shall vote rird Uocc in
stead of by ballot; second, the transfer of the
count of the efectoralNote to the supreme
court; and third. making supreme court
Judge ineligible for the office OF president or
vice president until the expiration
of two years next after he shall have ceased
to be such Justice. The proposition left the
electoral college standing, with all its abuses
The people of the United States were OPP
posed TO that institution as il was full OF


~ ,...H,
the very doors of Congress to-day This
electoral college was a rock in the
channel upon which the country was
more likely TO split than any
other Mr.. Morton then quoted at length
from the report which he made TO the senate
two years ago, from the committee on priyi-
leges and elections, 10 show that he opposed
the electoral college then, and said he did
not believe this country would ratify this
amendment with the cleo
toral college provision standing
He also objected 20 the proposed
because il re-enacted the pro-
Vision authorizing the election of president
by the house OF representatives. This pro-
vision he regarded as one of the most dan
gcrOus in the constitution. 1t gave to Ne
vada, with her 42 600 people, the same voice
York had with her ia times as many
people. Suppose the election of president
for the ensuing four years should be thrown
in the house of representatives,
president would be elected by men who
were elected two years ago. and many of
them did not represent the will of the peO-
pie now, as they had not been returned to
congress This clause, authorizing the
house TO elect, was the last clause put in the
and il was put there without
deliberation, without debate, and the coun-
try came near being shipwrecked in lSoI.
The arts resOrted to bring about
an election by the house that year
would utterly damn any public man OF TINS
day. He argued in favor of having the pres
ident and vice president elected by direct
vote of the people and had read the con-
mittee. on privileges and elections to that ef
feet two years ago.


Mr. Edmunds in reply to question OF
Mr.. Merrimon said ''an OF the mem
bers OF the committee on judiciary
were of the opinion that il would be better
to have the electors vote rird rocs
than by ballot, as the action
of chosen agents OF the people
should be public so all might
know whether such agreement full
filed the trust confidedto him or betrayed


MIR Merrimon gave notice of an amend
ment he would ofer. SO as to make any JUS
tice OF the supreme court ineligible to ap-
pointment to any Office under the United
States. and also ineligible to be elected. presi-
dent or vice president until the expiration
OF four wears next after he shall cease to. be
such justice Ordered printed.


The matter was further discussed by
slessrs. Frelinghuysen, Merrimor, Edmulads
and Morton.


Pending the discussion, Mr.. Morton sub
mitted a resolution fixing the per disn of
witnesses summoned before the senate or any
of its committees at 81 and mileage at 3
cents per mile each way. Re
ferred. lie also submitted resolutions
to transfer $50, 900 from the contingent fund
of the senate to the use of the committee on
privileges and elections, to be returned
when an appropriation shall be made, to do
fray the expenses of that committee


The chair announced Mr.. OglesbV as q