The New York Herald Newspaper, January 21, 1877, Page 5

TH GRUAT BI _THE COMMISSION JUSTIFIED. “The Scale of Justice in Ab- solute Equipoise.” WILLIS AND TARBOX OBJECT. Chittenden and the Daybreak of Better Times -——_—-—— — ROM OUR REGULAR CORRESPONDENT. Wasaixotox, Jan 20, 1872 SENATOR ADMUNDS’ SPEECH ON THE BILL FOR! OOUNTING THE VOTE—ITS CHARACTER AND BFYPECT—DEBATE IN THE HOUSE—-MR. CHIT- TENDEN IN FAVOE, TARBOX AND WILLIS aGalNst. The opening gun of the great debate oa the bill for counting the electoral vote was tired by Senator Ed- @unds this afternoon. The calle were filled. Every Senator was in bis seat, and chairs were set in the space beyond the Senators’ desks for the uumerous , privileged persons, including members of the Cabinets, members of Congress and ex-Senators, who wore al- tracted to the acon The assemblage was gratified by what Senator Conkling defines as tho ablest address of Mr. Sdinunds and one of the Sinest ever delivered in the Senate. Mr, Thorman regards it as unanswerable. The speoca, though occasionally embroidered with a delicate irony | ja which the Senator trom Vermont is skilled, was Jofty tm tone, clear in statemont and logical in torm, beginning with a stately and fervid compi:ment to the members of the joint committee, and especially to the democratic meinbers of, it from both houses The Senator them centered apon an explanation of tho several provisions of the bill, and proceedea with his urgument. His onset ugainst the allegation ot the right of the President of the Senate lo exercise judicial power in the counting of the vote wae not only Uerce and destructive, It was regarded “a8 Knightly because of the chivalrous feeiings of that officer which the Senator contrived to maintain even when the speech was at its utmost heat, The strong point of his argument which Senator Ed- | Hounds defended tor haif an hour with masterly in- Cicivenesa Was this:—lhat in response to the as ‘ertion or the foes of the bill that it was unconstitu- Wonal, the fact appears that there is not «single vection of the constitution, save one, which bas en- sorced itself without Congressional legislation. The Micepted section is the one which recognized slaves. as property, and in a notable case, cited by the speaker, shia constitutional provision was decided by the Bupreme Court to allow a master to recover a slave a8 property wherever be could dod him, This was the one excoption to the rule by which Mr Edmunds next azcended to the height of his appeal for the passage of the present pill. First—Reciting the language of the constitution, which provides that the electoral votes shall be opened by the President of the Senate and shall then be counted. He culled attention to the fact that the words “by him" wera no: added. If it had been the intention, said Judge Edmunds, to confer on the President of the Sonace the right to count the votes, ‘wo words, ang two verv short oncs, too, would bave been uppended to that sentence. The right of Cone gress to decide the elucidation of the problem now ‘| was just as plain as! Presented, be contenued, Ite right to legisiate upon any other constitutional question. It bad the sume power to specify the method bf counting the electoral vote as it had to decide upon A thousand other details covered but left obscure by bhe necesearily restricted phraseology ef the constitu. tion. As to the matter of precedent, the Senator declared that in point of tact the voies bad been counted by tel- lers at tho Clerk’s desk afer each Presidential election tor a period of forty years. No such crisis aw this nad er arisen to necessitate the action of Congress in the tatter, and the Congress was uow called on to exercise 4 right which had merely lain dormant. The only ornament with which Senator Edmunds those to adorn what is conceded everywhere bere to-night to have been a virile and strenuous presen- tation of the case of the joint committee was a pendant | to bis pororation. He urged Senators neither to stima- late doubts in their own minds nor to let their wishes dutrua their deliberate judyments, and exhorted the ‘chamber, iv behait of the country, not to leave it in | danger of tumbling tossing anarcuy, resembling mountains Vermore into seas without a shore, Jn the House Messrs, Willis and Tarbox expressed | their hostility tothe Electoral Dill, und Me, Chitten- | den, of New York, followed with a forcible speech Im | its deteace, Io the course of bis remarks he suid that he bad ascertained that the House contuined only | Binety-one members who were not lawyers, He wa: besaid, oue of tne ninety-onc—a layman—and while | be bad great respect for the constitution, und listened | Usually with great interest to the discussion of very Bice and foe coustitutional points vy the eminent legal ‘alent of the House, in this case ho was x uiere lay- mand, baving the interests aud prosperity of the coun- | ‘ry at heart, wishing to seo contidence aud prosperity | Festored aud great calamities averted; begged wew | ot to awell too long om those recondite uiceties of law io which they naturally deighted, but to set the | Country at cuse by pussing the Electoral bill Mr. Chittenden’s speech was received with evident favor, SENATOR EDMUNDS' SPEECH. WasuinGtos, Jan. 20, 1877. The Senate on motion of Mr. Evuunos, trep.) S£VL, took up the bail to provide for and regulate the counting of the President and tho decision of the questions arising thereon tor the term commesoing March 4, A. D, 187 Mr. Komcxps gaid:—Mr. Pres) the Secretary to read (he twelitn articie of the Ment of the constitution vs the United state: the bill proposes to execute, ‘The Secreisry then read that article, and Mr. id- Buus, resuming his remarks, said,— Under this articre of the copstisution, Mr. President, fome eight or teu milion of the citizens of woe United States, authorized vy the luwe \o seiect » aend- , Which Chie! magistrate in the Way prescribed in tnis article, have endeavored to execute shat duty. end by a very evenly buluucea umber voices,’ when you take them ws « whole, they wre understood to wave expressed their prejer: ence for two uillerent persons, representing opposing politics of legisiations anu oi government, greater or Jess in priucipie Gud yreaier oF ies iu uegree, tual it evsary tor tie to reter so close, when measured by sue consi tutional standard of young by States tor electors, tues it becomes a mutier of serious dispute,” etuer mgbuy or wrong.y, between these 5,000,0uU of voung citizens Upon ooY side and 0,0.0,000 apon auotuer—| exp it merely in round number! o! their respective candidates has been cunstitu- troually elected, and, without any provision of jaw tur the execution of what remains to be done under (he constitution ic ascertaining What person has re- ceived the highest uumber of electoral voles, Lerng 4 ajority of the Who, we are brought face to lace b the question of what means are left for decidiag the dispute. Undoudtediy a large poruon of the people of the United Stuics on either side of the yuestion sincerely beileve tout (heir caadidate has Deen clected and seriously believe that if st Le not so Gnsily uscertaived a great wrouy will have been done, Hot obly to their persuoa! rigots and wishes, but to the cause of coustitavioua: government. In this wtate of things, if uothing is (o be done, If tue con- BtiLUtION does Hot puint Clearly the way We are to tread, so that right inimdea men of all parties shall understand 1 alike, Whichever of these caudi- dutes obtains the actual! pussession of executive power Will necessarily be louked upon by tbe Iriends of the other as 4 usurper; and it there is any ove duty #iGater (ban auotuer imposed upon those who have She tual execution of what remains to be dove i tn ible, providing sor that, when commplsted, no twatter what tuay Ve the result, all men wii Bay buve been taken in | ir |: stice, who look upon the causes that they or their ; Berghbors Gave tried and determined in a constitu- Moual and egal way, ieel trom day to day (hata jury ip ths care or the judge in the other bas not decided rightly, Yet they would detend with ail the:r power the judgment that they believed io Le wrong, becauee without thas civil"institutions canvot exist. So then, Mr. President, it bas appeared to as, #40 bave been charged with this most onerous aud respon- sible and anpleasant auty, thas, It tue coustitution au. thorized us tc lay down a line of procedure thut should be clear and definite iv itself und sbouid lead to any fesult—and use| the worda with deliberation, that shoud iead tration of law and thro! fh the cum avd orderly jud, Ment of & trbunui dou by & soleme obligation to de- cide according (6 the constitution anc .aws, it would @ beneticent act’ tor the RKepubic; end op ‘he other hand, we shoud tail so do tnis, Our posterity, under this form or sume other form of government (uo mun can tell which), would feel that we had tasted iw the Lour of great ceec in performing a plain duty. This, then, Mr. Presiuent, ie she situation, and uocer bhi wae of thin, commition, With almost absoiute unanimity, huve ri portec thie bill, Opposing politica; epiniens and op- pOeDg politicas educations, warn Wishes aud partisan votes tor Vresimeut and Vice | exT—AS a fitting | Commencement Of the consideration oi this bul L ase | and te contest | foeling bave subsided op both sides, anc what ull of us, of ai} opinions, «ducatious, hes apd teelings, abive im reportung to you age just aug upright au jaw{us way, we recommend to your consideration, What it is that we recommend } wil; state J What is PROPOSED The Grst section oF this bill provides in the Arst part of the two houses, or meeting, to state 11 more exactly eG ihe Occasion of determining Whe due w highest number of votea of the ciectors tor Presiden! nu Vice President of tae Cnituc Suates, 11 then pro- eveds to provide lor the cases in whieh only oue eet of papers. of retarng as they are culled, ehali peared, aud im respect 10 those cases it provides suv- stantially, and! donot kKuow but literally, what the vill imtroduced by my honorabie tried trom Indiana Mortun) @ year ago, and which passed Senate, alttough i wae orought buck 0% @ motion to reconsider, provided that oo return there being only one resura, should ve lot: out of tue COUR UBIOSS the LWO houses should sepurateiy agree that it ought to be lef oui, fue prineip } that goes i One tbat i# nob periectiy eatis- imetory 10 wy mind, althougy [ do uot koow Suat Wt Would uve any special etress tk ine particular emergency which we are now called Toniy speak of this as my own in- Qpou to contro the frst section is uot pertectly log dividual idea tha ca MY Own individual opines would have been that aly question about such a paper ought 10 have been referred to this same tribunal (I use shut piwrase tor convenience), and vhat it should take gaine fate ag any Other. | ueed out, however, go into the discussion of that, because | bave concurred in leaving i} aa it Stancs ond as we know it bas been found acveptuble to a consideravle majority ol tne Senate; but (as I say) this < 1 1, 0 far as I know, bas oo practical application to the present matter that we have to decide. The principic Of it 1 Understand to have been trom the discussion of last year and trom the diseussions iv com. mittee, that if the case were 20 doubtiul tbat the members of the two houses: } acting ander such solemn responsivilities could Hot agree Uthat the paper wus not the constitutional | vote of the state, the presumption should go in favor of the State, | : TAY DOCHLM RETURNS. @ Then we come to the second section, which cove that if more than one return or paper purporting to be a retura from a State shall buve been teccived by the | Semate, purporting io ve we certificates of the floral vote given at ibe last re- turo, ali those returus shall be opened by the President of the Senate, just as the constitution suys, ia terms, tbat ali tue certiticates shail be opened by him in the preseace of thu two houses, They shall bu read by the tellers which the bill provides tor the appointment of, according to the universal practice ; from the foundation of the government; only, | } believe always bitperto, ove teller bas been ap- | pommted op the part of the Senate and two on the part of the House of Representatives, and this bill provides that there shall be two tellers, ! equal number, appointed by cach pouse. Havin, read by the teller, the bill then proceeds to that all these double disputed papers ‘snail thereupon be submitted to the judgment anu decision, as to which ta the trae and lawiui olectoral vote of such State, ofa | eommission.”? You will observe, Mr. Pri { cisely the question that is to ve sent to this tril | Jor its consideration. 1t 18 to inquire whieh of the stitution culls tor—that is, the elecioral vote ol a Stare iu the Umion, The constitution says, agit need scarcely bave suid, but some language must have been employed, it 18 the constitutional vote of the State, the voice of the State in the manner prescribed vy its Legisiatare in the ction of electors who have voted for President that is to be sought for, und it is the person who has the highest number of those votes. | aim Dot Dow quoting the language of the constitution, but what overybody understands it to meax, who 1s to be the Presid Thereturg this tribunal, or co mi88100, as 11 18 styled in the bill more accurately, is cailed upon to determine one single question between two conthetiug papers claiming to be the cunstitu- tonal certificates, und that is, tbey are to delermine and which of them 18 not. Eas SaLevzion 03 246 COMM IsRIOR. + then rovides jor the appuiniiment of the commis- sia, fo method: oF solution; aud I shill Lave some- “Ching tore to say the subject of what they ure 10 wide when | come toa ff pars of Lhe bul, which again refers to whutthey are to de. The bill then comes to the seiection of the commission. It pro- vides that each house, on the Tuesday precoding tho | rst Thursday in February, which chauges the day tor cose isthe 30th of January, each house sball, by a viva voce vote, the pen, public and solemn persoual choice of every member o! euch house—no secrecy ol | the ballot, no’ private combination that must not at least openly display itvelf, but Justus the solemn Judgments that we give upon the yeas and pays upon public measures, just as the solemn judgments of | courts are giveo, With all present and ewch kuowing what the opinion of the other it We are called upon vy our own sworn duty to the constitugop and to the law to | exercise a perso & public, a responsible duty in selecting tive members in cach bouse to compose a part of this commission. Nobody provably would criticise the propriety of this moue of scleciion it you are to say that tho commission is (y be composed ut ail of members of either house, for the whole world 1s to know bow cach individual ~enatur and how each individual member oi the House uf Representatives has performed his responsible duty iu the selection of & person who 18 10 become the sworn judge in as great a wispute us probably ever existed in the world under the luw, ‘These ten Senators and meinvers of the House of Representatives selected in that way with five of the Assoviute Justices the Stpreme Court of the United States. are to compose a commission of istteen. ‘The Judges of the Supreme Court of the United States, us we all kuow, are composed of nine persous, und in order | by the commission that it was agvisuble to take an equal number of Senators and an equal number of the members ol the House uf Representatives aud An equal number of persons compusing the Justices of tue Supreme Court tv perform this commission, so five eae naturally to be the number referred tw. {tit bud been thought wise to have made the total nutber Of the commission less, uine ior instance, as had been suggested, then there would huve been three Senutors, and three members of tke Hoase o! Repre- gentutives, aud ture judges of the Supreme Court, vu iL appears to us, after much consideration, thai ifteeu wus, ob the whole, (Le Vest Humver, 40 large Hs 10 pro. duce every variety of intellect, capacity und learding, | aust as lo produce contidence against any porsible ate | tempt that might be mude—scureeiy conceivable, to ve sure niluence aby owe oF two uF tures ot Uns whole number by any of tue motives tmat some. tines, os We KNOW In the history of the world, have twen fed to miuence people who are called upoa to ais. charge Ligh truate, aud at tie same tine to leave tue | eormission so limived in numbers as that it should be cupable of prompt, eflect.ve consultation, | ate and orderly procedure, 4 REPRESENTATIVE COMMISSION. Then the next step was to usceruun im what manner these ive gentlemen out of the wine, ail, of cours | pre-eminent ia iegal learning and i iegal experience; all, of course, pre-eminent iv ther Knowiedge and study of (he constituiiuu and the Jaws of our country All, OF course, equal iu that deep respect whieh the ¢ Irom the people of every purt of the Union, us ip every purt of it and for every part of it they duly adimuniater law, suould be treated, Of course it wus a ficult task, ‘because tw select a particular tive by tame might seem to imply that there wus some reason, ‘ough the culm und orderly progress of the admiu:s- iy Fg | imstitations can’ provide. tor of 1s for she simple ceremony. icr tue necessary union | have ap- | from ® State about which @ guestion should arise, + pupers of the conflicting ones is the paper that the con- | which of them 1s tn conformity with the constitution | tuis occasion to an earlier period tuan that lixed | by the general law, which is the second Wednesday im February, on thy Tuesday pre- ceding that aay which, I believe, in this | to apy result—no matter which vue, | BO More suemy, DUS the sulema judgment of the pudge. ! the | | the number of electors ; pommted, the aifiicuities thut we bave to cocuunter in the pres- | ent condition of affairs, The second section provides | i i i ' | i i 1 | | | i | | | this of | that there might be a certain symmetry of equiporse | of reiation it was thought, ulter much consideration | | tribunal that 1 | the unjust action of the ad deliver: | Personal ur otuer, that (he other particular part, tour, | xbould not be | select 0, in analogy to | what bas always been a wise system it this go. government of our It appeared to us | that @ distribution of these gentlemen «to the various parts of the Republic would be a just reason for pur ticular selections; 80 ove name, the Justice of the First Circuit, comes from the far off borders of New Engiaud, the northwestern pars of the country; other, the Justice of the Third Ctreuit, bas lis resie dence and exercises bie judicial tunetions in the centre | of the greatcommoreia! populations of our Uaiou; a Murd, be Whe administers justice tn the Kiguth Cir | cuit, ‘has his home nud resiveoce in the great Nortu. | tor couvenence—whien | Whether Lheir Wivhes are attained oF ure disuppornted, due course of law ond @o thub just men will say, Sis Fall, Jus ue Just MOU 1 bby adnuBisieacion of | | peopie, west, und the sourth, the Justice of the Ninth Circuit, bus bad bis tubitation and has administered jus tice for many yeurs, except, of course, when Attending Were and administering justice iu the Su- preme Court, on what has been suid to ve the golden slope, that great ar off portion o: our Kepublie sv Tapidiy growing im wealth ond in everything that Makes tue material prosperity of a sell-yoverning We pame thet to compose four. Then there was ap odd number to be obteiued. In order to guard aguinst prejadice—and 1 veg Sevators to observe my words—to guard against prejudice in the minds of these 1,000,000 of active volers in what bus taken Place, not to guard against prejudice im judges, wot to guard ugainst prejudice in Senators or mem- bers, bub so do that wie and wholesome thing, to leave no iauli-finders in the country a right to complun, We say these four men shall choose the ftth from amoug their associate | members, In the intense jcisms thas have been made upon this bill in toe very few duys thatit bus been known, by theextreme upholders of party wistes upon botn sides, | nave never observed any criticisms | upon the absolute fairness und justice of such a node, provided we could get over the constitutional objece Hons that theve newspaper writers and intense poli- Uiciaus seem bo KuddeDly to have discovered, and, with | speak of, we have coumittec to them this duty. | body else should muko a new law by force of which tue that the oldest of these ussociate justiecs :p commis. $10U—the venerable Judge (iitford it writ be if she vill should pass—sball be the President and shen Provides what alse ! Lope that partisans, af Wel. as | Senators and Representatives, wii! cereluliv consider; | that the memoers of said commission ball respect- lully take and subscribe the feiiowing oath :— ! do sovemaly swear (or uffirm, as the case may De) wil up, tad 40 the cai Judgment give te laws, ao help No more partisan, 10 wore triend, ao more opponent +b. o ib appeared to us, Mr, President, that so tar as human justiee unuer the jaw to Unpose upou five of oursel tiemen of the House of hese eminent persous in the judicial oranch, to whom i have reterred, that obligation which each willing and atiirmatively takes, wouid be to dismiss with us. eves with ali the warmth of our wishes, every consideration that shoula either cloud our inte! Judgmenia. Yor what comin :s#ion decide Rot 8 policy, 18 Bob ® ture. i» onty) ko pas# pon irrevocable past, and to say, as an .ntellectual answer to the question under the constitution and the lew, Gnd in be Olber Bouse and ib DO other Way, What Bad | | taken place accordiug te the copsiiution, and 208 | whab oughi to take y ey coulc pave | wishea should have taken THE LAST AND FINAL HOPE T repeat, ef, thatif there ve any vaive teft in the institutions of civi: goverument under law, shis is last and Qua! bope thas such institutions can have. ‘There ts po huimap agency—there i¢ Bomming sport of » the overruling providence of the Almighty that cag furnish & juster te: of human right# than this, — Having thus constituted the trivunal we bave com. moitted to them this duty. After providing for cases of vacancy, &G, that : need not take your time to THs CONSTIVETIONAL VOTH OF a Stat. Objections yaving been mad: ese double returns ore:ther of them :b writing ea lormal way, ing (he ground of thet or without urgument, Uns com. Wissiou shall proceed to consider ihe “same, and | by & mujority vi votes decide whether any | and what yotea irom auy State are she votes | provided for by she constitution of the | United Stutea; thar ts whut they are. to decide ou these papers, to ascertain which of the contichng clatinauts, as you to the rigne to exercise & voice In thu nativusional organ of the State Is not that exactly what the con- witution req should be ascertained vy someboay aud ome Way? U: course ove e will agree Mat it ts the sole question 1 and thai pone other's conce:vable. Whatever constitu. tional vote # State in this Union has sent to you the constitution deciares sil! have (4 weight without the right of anybody to impugn or to disregard | So, as | said, ine sole questiok under the constitu. ton is, Whut i$ the constitutional vote of the state and What ts the power, if any, of the two pre Uhat speaks the constiiutional vote of that State xo: cording to the methods prescribed by the coustitution | nself? Then it proceeds to say, “and how many and what persous were duly appointed electors tn sucn | States” This was uecessury, because iu a certain | event of no person having a majority of all the electors. appointed the Houge of Representatives 13 called upon | by the constitution (o exercise the function of elecung the President of tue Untied States, and 60 it was thought necessary that this tribunal, having these pupers beiore it, should make @ distinct report apon that uad been Jevaliy ap. Ot course, the words “what persona’ would have moant exactly the same without the other words. because, i! they uecided for one of the duuule returns rather than the other the paper would show which were the persons who were oumed in tt, but a mere matter of couveniebce of pbraseotogy the iuuguaye is ip | THE SCALE O¥ JUSTICK. Then it provides, what has been greatly critien upon both sices of the partisan view of the sutject— if | may uge that phrase without offence to auybody ; and! think | may, tor! am a parvisay myseli—then | it provides what uas deen the subject of criticism, and | equally intense, as tar as | have observed, (rom both points of view, Those who wish ove of the candidates elected condemn it because tt grunts too much, Those who wish another of the cundidutes v.ected condemn | it iu equally tierce terms becuuse it grants too little It holds aloft the scale of justic in absolute equipoise aud = gives nothing to either What does 1 say # ‘And may therein,”? That is the decision that ts committed to them ax to what is the coustitutional vote of a State, *Tuke tuto view | Such petitions, depositions aud other papers, if any, as | shail by the constitution and now existing law be com- | petent and permauent in such consideration.” There 18 One party tn this country—five millions of these voters (0 whom | have reforred—who desire-~1 do not say 1t cau be done—but who desire that the Commission Wereated shall descend below the action of the State authorities and ascertain low many votes were given for this man and that man other, with a view, ot course, the success, as they suppose, of their own candidate, if | that were done, The other 5,000,000, taking then as 8 was, iv the same way dosire (hut the law shall be s0 that they cannot descend behind the action of the au- shorities of w State, be that action right or wrong, law- tutor unlawiul, In that si of opposition of claims what is the sitaple und obvious principle—not merely of justice und fair play, but of constitutional jaw—that would apply to such a case’ Tue cieclion of the President of the United States for the next tour yeurs tovk place on ihe first Wednes- day in December—that is, upon the sup. position that some one had a majority of sll the electors wppointed. Taking that ior granted, aud the aimplest provisions of the law, ait a 10 me und to us all to be, should be (hase that pRoyided that, } the dispute touching that election which took place on | the tirst Weanesday tn December should bo decided | by the law as it was on the first Wednesday in Decem- ber; and ii, by the law ag it was on the tirst, Wean: duy in December—and, of course, it is the sane now— as Wo S47, “uow existing law’ the candidate of one | party—bis rights measured by that law—ts entitled to | the office ue ought io have tt, This would be | @ strange republic of luw, indeed, if, alter according to one law, the candidate of ond purty bad beeu elected, the Congress of the United States or any- candidate of sume other party got eiected. Of course Mt would be an outrage upon the principles of govern mont, So that we felt perfectly iree—not onty free but, more than tree—we felt it to be a bounden duty that oo | right should be affected in respect uf the caudidates ot either of these great pariies vy the law that we pass, and that the right of A or B to tois great ottivo must be determined vy the law as it stands on | the date of the passage of this uct, All shat we de- signed this act co do and all that it does do 1s to pro- de merely the method by regular steps of lawful pro- | cedure of ascertaining what the law and the (act was | on that first Wednesday i December, 187 GOING BEHIND THE tt ‘ It bas been suid by some thet this commission, if law passes, having the powers uf the two houses | couierred upon them, may go bebind the returns, as | the common purase 1s, Well, 1 the two houses uow | posers the constitutional power to do tbat thing, as | they also possessed it on (he first Wednesday in De- | ber—and we have only changed the method | the first iustance of taking that step— | the two Louses, by the constitution of the States on the “tirst Weduesday in D now bave oo constitutional — right the uction of a sovereign State in its ynstitution, of its electors, then commission bas uu right todo it, Now, what are lo Got some say that tue two houses or any to pass upon a dispute ave w right o ge tu the bottom, to dis the action of state authorities, to say that they t ded their juris. dieuon, of, acting within 14, Ludi they have oot rightly and purely exercise Others enuclly the res arse, and that it would be a tar ater tujury | to the Hepublic tuat Congress ussuine the power vi overhaulag the wciou of th suen te would have that once oF twice, of a dozen tines, by | authorities Of some Stele, ope Iher than another should be elected. at this law siuuld bef to meet its por eWs—the oue side to have + say. in explicit terns, You shali have the authority | that this uct gives to you, because (he act t 10} in iT United cember aud fo overhaul selection, under the <0 President each side w you (0 go dowa and inquire. the other would ve | Kind to Gave tt evy, mexphet terms, "You shail not! KO dow and inquire Whether the law before you au- thorized avy one to go down and inquire oF Hot” | Wiat could we do? We could do that, just that wim. ple'thing we thought that we have done, nad that is | ay Wat thi¥ Presidential election must be seitied, | stitution and the princis when it and settled ouly upon the bles of inw as they ext to decide wh place? kxsetly the triour thing tn the ond, whatever (ribanal the co: nnd the law Constitute tor the parpo.e ot su sion. This law coustitutes a trivunal to decide that | very thing amon . WHAT MAY BE TAKEN (NTO VIEW In other words \( # commanded to aecide what is the coustitutionsd of aSiate, and in doing that it may Lake into view nuy evidence of any Kind that | the consutavion and the law, as itis now, makes ay propriate to that xubject and not any ocher. Can any thing be more just than that? Would it not be a de. parture trom every principle of justice and of consti. | tutioval procedure to do anything else’ There we leave it; it must be left somewhere und it can be lert | nowhere under the ordinary principles of government | except in tbe court—if | may cail ita court—ior the | purposes of illustration ‘that ts bound up i the | cause. a the Ui that pass and | without any with as wide « Jurisdichion to exist, what | have you then? You have large | vodies of om and owe all know that jus in proportion as you Lave lurge budies of men you | have 4 departure When (uey are acting together from | thus personal sense of individual responsivity to de- | cide according to your intellect aad judgment rather | than to act with the swiit current of warm debate aud warn feeling, and you commit the rigit of these per- * in Unis great coptest and coutroversy, therelore, | to a tribunal that is inuch less hkely to be governed by | the privciples of constitutional law than it ‘s by the teeing and intensity of party | wishes and party bias, Then we — require that the decision made by this commission thus under ® special oath to toliow the constitution and the law | and nothing else; and, in deciding these rights, to Lol. | low the jaw as it is pow, for the bill gives them to new | jaw. Itonly creates them to decide upon the oid. ‘Their decision shail be reported to the two houses In writing and that judgment of the; hall stand unless the two houses, acting wider the aathortty of th sha}! separately concur in making another dispo of the subject, ALA, CONSTITUTIONAL IMGHTS RESERVED, T heed vot reter, Mr. Presideut, to the further de tatis of the bili Loucting the Prosidency of the jort | meeting vor the coremonious part of the affair | about debate and so on. There ts this other provision | in it, however, that | ought to eal attention to, that | u tt took de every: q It you are to leave itt the two houses, 4 Unis vody lees than a yeur mitation whatever, as it was possible which, bo doubt, they are so very familiar That, | nothing in this act shall be leld to impair or afect any | then, composes a commfsion of titteen persons, to | right uow existing under the constitution and laws, | whom these double returas are to be reierred, to question by proceeding ‘a the judy courts | WHO {8 TO Hh PRESIDENT OF THE COMMissION? j of the United Stai uo right) or ttle of | ‘The bili provides, as we think, with great uiness, | tue yersom who shal) ve declared } elected, | * und to execute | chai | der this claim of power tm tne constitution h | foria the du j bobind | bring your or who shall claim to ve President or Vice President of the United States, of any righs exists. We endeavored tc be so careiui to injure no mai rights ander the constitution, even in ine courte of law atlerwarde by guy deviarstion (hal might be made pursuant this Ui of Who is President, us iv provide, witb ‘he unives sentol all the gentlemen as | have sold Of al) parties (hat after all this has Deen gone, through with aud we wave found who apparentiy, and as far as our executive, of wioisterial or qum-ijudicnl functions may go, ¢ President of the United States. If there ve now under the constitution and the iaws the mght of a true President to question the title of an WDtrue one, wtaise One, thal right sual, still exist BD. prejudiced by wny influence that might be drown from the pavsage i# vill abd the wction under ik That, Gr, v8 what ti MMMItee propose, OOKs THs CONSTITUTION WARRaNT IT? The oexi question is—and | bau bol clended Ww take 0 much of your ime the opemmpg explanation of this mmatter—Whether (aia bill og Warranted uy {he constitution of the United Staies. It “the constitution | manded what should bo done, it left. seal: constitutions ! that the votes should be 2 everywhere Dave gone, | Convention asked Of the Unied States authorizes aby iegisiation ut ai moorder to au regulate the ascertainment of what the constitational @ots vf @ State, shen: take tt pobody wili deny, provubly, that th ie conati- tutional Bur if, as bas been contended vy | sume gentiemen, the consi tution pas commited the rival of dent of the deciding who is io be the 2 tates tr tne fact that it has committed ing what i* the constitutional ¥ Suste 19 solve Ohe OF More persous UF Yodies, U1 Said that this will withdraws tuat mgt of deck row that person or body, und thereby invader consitubon that 118 0b ibe face designed to promote it thas be true, tis 4 tatal bill {rue then there :$ the mure ‘euson why the tuw should provide for a course 0! proceeding aad ihe aScertuimument of the result that the vomstitutiog bas hot specifically pormted wus the Bieps to reach. THM PRESDEST OF THE shVare Now I shall consider tor afew minute be nov the preten- he | Mab | NEW YORK HERALD, SUNDAY. JANUARY 21, 1877—QUADRUPLE SHEET. ID ail civilized gove Apa must do tor jaw making power ‘rom | bin for the purpore of cou, tine to time to carry al) these great powers ito efecs | appoims hun, ‘or the purpose af Dy Me reve lire of legigiative prucedure ican | votes, “pad ot wou pave paw surcely state thal so we foam sure ft cannes) Phas was ine rss oinemace Sub at (te elated by ‘he Supreme Court of the | are ie give soe iaoguage ite ec Staies taeil more than sixty yeara Sgo, / esi possivie terpretasion ol whe WHER, }Ust as now etait ata and Just as always hb governments, | Lopes sud wishes of the J,000.000 of peopie #ho # «a there arise great disputes (ouch ing the powers Gf gov- | as ! do aud wha: would you Suu? Vou would ud seal ernment, This A Question of State nights, of the | ou tt each Gouge of Congress UY Bresalusiuk * right of the Supreme Court of the Uasted States to | 9: its owe provided : manger im Wbict Be stow 4 Meregard and set aside the yudgmeni of the great | prosounce that ree!t, asc commanded iD Wied atete oof) Virginia, and, When = arguments | form ue should 4 known le the persous Siauiar to thore tbat bave been putting | wow they» @ shoud give tuformat sa torwarg as what might = be suggested tue deew elected, «and ad Agwinst tits bill amd about tue language of the co om, {ff be had this imdepecdout thon were made, the Court answered (oem ia this ie twlked about Vested in him ay the dea way — cibg the supreme judge aly .o the pre: Tue constitution unavouiauly deals ta gewera: iagua: ere Wilhesses, Who Have Bo more FiEBt Th Gi Bos wuss the purge a oF the pe ra leat charter of our liverties to provide for te -eper cabions of Its powers declare the means by Weick those powers should be carried into execution Mark ine words, Mr. Presigent, “or io deciare the inaats DY Which those powers should te carried into execution.” It was joreseen that iis would ve @ per- The in. } de Gtectere (uaa « Woiness (D court Bas with (be pros ceeding of the Judge. would they bave dove thar? & Got (ink loal tue idea ever entered bheir Leads, Aud s¢ you sweep along down through the course of cuses when there was Bo cob. ves the werely jorma! reat. } mg couutng of papers, ib 4a Of very tttie | lous ang difficult, if not impracticable isk. Strument was not iniendes to provide merely tor the exigencies of @ few Years bul war to eudure through # lvag lapse oF ages, he mts of Which were jocked up i iuscrutable purposes of Prowse gence. Tk coud what gew changes wuG mod Boamous ni be neAdvie Lo effectuate tbe general e charter, and re st us and ai the present 1 seer end prove the | row y mon—and { go nol use that term tooffend anyoody, Dut | 4 short obe—the pretension that this great aud most responsible power 1# devuived apon” whoever occupies the chair tuat you kuve se huppily acd so honorably uiled fur so jong w time {gare aay we | could ail agree sat this deciling power wish cor a better posed ould not “ judge piace; | burif it has nob reposed it to the occupant of your | ir, then Ho tbuiter bow eiinent of Low lea: the gentleman may be who dlls no matter comp! e tuuy command the respect and deuce of at! che peopic of the United states of al tes, it would be equaliy an iuvasion of the beat of constitutioual goverumeat :f he were to exercise It ‘The coustiution declares that the clectors of the sev. eral States, whe are recognized as officers, tunction- uries, just ag Clearty and with Jost a8 great importance us it Woes yours or ours, “shail seal up and certity and to the dent of she government of tes, directed to the President of (be Sopate the certidcates o! the votes which tuve beep given for Vrevident. [hen it declares shat the President of the Senate shail, in (he presence of the Senate and House of Representatives, open all the c Vitleates ang the votes shail then be countea, Y, wilt perceive, Mr. President, that if the makers of this constitution had ' designed 30 repose in the President of the Sen was a vote end (0 determine ita disposition, as they had taken pains im every other part of the constituwen in the clearest language (o say what the Senate might and migut not do, What ita powers shuuid be and those of the power to decide what the House of Hepresentatives, As they had uaken pais in the clearest way and with the mi- nufest caretulpess of language to what powers the President of the Vnited States should ex. ercise and what powers should not be exereised by any authority, and Wheu in respect to the judierai branch they had also, with the same industrious duigeuce im conferring carefully enumerat every power o! y, how gatortunate it W had they designed to conier that power upon Chair, that they hud not used the two words t have ‘enabled them todo so It would hav, SHV ta vuat deal of dispute, and we cau scarcely imagine It possible that a body of men, wbo in every respect hud been so critically exact in the devolution of the functions and powers of this government, sould have remained by mere accident, so silent upon perhaps the most im- portant purt for the perpetuity of the Republic in peuce, of any one of the powers tkut the constitution creaied or bestowed. | suy, sir, that it staggers human credulity ; that if that body of men had designed to turn the President of the Senate into a Juige im the most critical of all (cases for the well being ct the Republic, and in @ case where it wus foreseen, and cven known, that he bitn. self would be at first, and perhaps aiterward, as it bappened, the very man who was to prodt or to lose by his decision. It staggers buman muredutity tbat if bey bad intended to repose such s decided power in shal Chair they should not have said so, WHAT THY CONSTITCTION DOKS SAY, But, after all, we must be governed by what the constitution does say, and | admit it you cau imply trom it tairly and clearly that the power to open ® certiticate implies the power to determine upon the legal nature of ts contents wheu it is opened, then iho Yenate must Lave that power, becuase ted to Lim and to a0 one else to open all the certiticates, It then proceeds wo say that the votes shall be counted which are disclosed by tho opening of the certilicates. It does uot say they shall be counted by tim. [fit bud been intended ‘that they should be counted vy him two words would have saidse, and two very sbort worvs at that, But if it had said they should be counted by bim we should have been a greit ways yet from that (unda- mental and prior questivn as to what is the jegal oa- ture of the thing that be is lo enumerate—to count, Not to decide. fhe judge :n w tribuoul decides: the clerk counts, The language, then, as everybody Sassen does pot gay that the President of the Senate ave the’power to count, oven in. the arithmoti- cal sense of the term; much tess does it say that he shall bavo power to decide anything. It say that he shall open all the certificutes. Now sup. pose we go buck a iittle and inquire, does that iinply ity f suppose that vdmit that the power to open does not necessarily imply @ power to count, because it is uot necessary to count in order (o open, and an implied power only ariges Wnod it is necessary that the so-called saplied power should be exercised iu order to the perturm. ance of thepower that is given. The power that is g:ven by the words ol the constitution is the power to “open.” cou: G AND OPENING, ce its powers are | or consequence to inquire whether the President of the Seuale read ane counted then, or whesber the tellers Fuad 4Dd cOUnted (bem, of Whether uobudy read aod counted so tual You get at what ybody Sbew beforehand Was the remult, But whenever aud ou sig iliut ay question arose ae to What Was UituGona! vole vt a State, either { arming trom sty Of uinher questions ubout itt viecburs or wdition oF the State itself, €xactiv the same thing, for there the ques the vote wf w State? and tb not only ihe eligibility of the elecios sue day Of the meeting or the existence of the State, the purcuik oF the State law, 1 imvolves ope aa youed a2 tue other, You tnd that the President of the Senate vever hinted ob the tace the earth that dud such a power, and that each house, in the absence | Of legislation, assumed eapressed it v (be Legislature, frou time to tine, to means bo effecta. ste Wgstimare Objects aNG Te \uG model the ex- ercise of its powers ae ite Wb Wisdow and the public | iMteresis suouid require. (Ma v5 Hunters, lessee, =f Wheaton there Gs any principle 9! vonst: dat settled ay deep ag’ tb undutions oft wen woe chat whieh | have just read, There vbemip tact, | guiy remember ove— provision of tue venstisuiou of the United States hat bas been said to execute anu tor which it Was DOL necessary or proper t the provisious uf ‘egisiauion to carry it tuto ch and 40 regulate the methods and mungers by which resulle | should be arrived at i monw Now the power to count is not essential to the power | to open. You can open without counting. If the language had been reversed, und it had suid that the | President of the Senate should vount these votes, (he certiticates being Fent to Lim, of course the impli tion would have arisen (bat be must opea the cer- Uficates, because he could not count them until he did open them, at 1% happens that the language 19 exactly the other way. He shall open them and then the counting shall take place without stating by Whom in terms, Thoss Wuo contend that itis an imphed power from the power to upen must show by iuevitub.c logic that the power to do the fret thing being granted it necessarily folicws that whe power to do the second 18 covered by impifeation. La short, that the power to do one thing tinplies tho power to do two, I have n06 been able to see that What Was very clearly logical propositivn, Piamnly it is uot, ‘Then let us go back a step and come to where | think the tandam The President of the Senate is bo * lt may be said and it must be said that be ix got authorized to open anything that is oot Sa certificate, The constitution only commands tun to vpen ‘ Aiticates,”” and so it 18 argued he must decide, ther fore, which 1s a certiicate, and his di yi binding because the constitution bas reposea in hita the power to open certificates and nothing else. tust be | How long would that stand the tent wmination? ‘Tbe same article in the tution says that be i@ to open the electors him. On that same line of argu. ment you extend the right to devide right back to the | electors, You say ctor, then, in the consti tow, by the very sume arguinent, is ta decide what. is the certificate. und yourseit? ru® woe You find the very uext fulure of anybody to get a mujority of ail the votes the House 0! Hepresentatives shall elect, On the same argument you are Lound to say. and you cannot avoid nobody ¢can—thut the House of Represeutatives 1s the “sole and exclusive judge of when the contingency ccurs thas entitles it to act, an a one of these candidates had received three-fourths of the votor, and you, sit, un- id decided Valid votes the Hoase Or if you go forward where do sou OF REPRESENTATIVES, thet be had and that they were ail he was the ‘President, ret junto its own tall snd in the sume fanguage of =the constitution round and say, “By the same authority we Je," on the sume reasons exactiy, “that nobody has a majority and we will elect our President.’ Then it you Would follow it atte urther in the eaine line is suse that in case of m# fadure to elect tbe Vice Presiaent stall be President Somevody comes immediately mand says, “lam the Vice Presigent, Everybody admits that | cin elected, | deciure, under and that could very tu everybody will ; use is that tl there is a | suis power of the constitution, that the contingency | mun that the House of Representatives tas elecioa somebody cise, “Depart, The same constitution that you live by also gives me the last chance at the and 1 send you ay. and tam President, because J determine whether the contingeney hus bap pened whether {am to actor uel.” and then you tight come back the next day, Mr. President, to carry tclewr through, and say that they were both disabled nd wbable to ‘pertorin thelr duties, and you would | act as President, wad that i¢ conclusive, = to borrow puraee iron my learned iriend (rom Olio (Me. Thurman), “tas won't do.’ Laughter.) todo an act Which the constitution geMmands \* one thing; bo decide a dispute is an ontirely diferent Whatever the constitution demands you are to Ex ane commands (he he coustituton oo t to do, ted; whatever you, the President of tue senate, 4 Tigbt bo do When both of them are Unable to per 3 of their offee, there sill retans the very essence of govern ment the avcessity of baving @ — power that binds you al at the same time, wo determine when and under what circumstances each o| you shall rees into play, and a8 the constitution has Got fixed that Uribunalit has deciared that shali pass every law whicd shall carry into exevution every power which is vested anywhere in the govern. mene i WHY WAS THE CONSTITUTION SILENT? The question may be uskeu, Wry dia vot the consti. tnuion eay so then? [t did not say su because, ater having defined the range of powers and their nuture, for every deparwmeut of the governme: a com: thorizes to be decided the Judiciary, or some other tibural, fixed by jaw or by the cunstituvon itaell, 19 to decide, There are the ouly (bree ways da Which the goverminent can express itsel!, so that | whatever you are todo, whatever at the | other end of the Capitol may be, have al right to do, whatever the Vive ident wn fay that he has aw omgut Ww do under the coustitution, Wbea the President has ot been | has occurred when 1 am tw act aa Presi- dent.” 1 gay to the mau that the President of tho Senate has appointed to be declared ected, “Go your way, you are not President." [say tothe | DetesH | | suppose 4 SLAVERY ILLCSTRATION, 1 belove it was suid in the case of Prigg vs The Com: ish of Venusyl¥ania on toe subject of fugity laves, thas vs the constitution recognixed {as the fugitive clause io the constitution | sneer col + So, the IHR BILL 8 CONSTITUTIONAL. i thins there s+ great doubt avout the correctness of they assumption, bal they did aseuine, either by the expression ther judgment or by the ates of mand, io determoae what should be aone. Str. Presicent, 11 cannot be maintained thas (uit iii) is nBconstitutional ypou the ground tour tukes away trom the President of the Senate or tu | House of Representatives a power which the constity hon has vested iu them, free trom lini, aud tree frow guide, anu free from regulatiot be exercised ac. | Gording to their own oprmion of what may be he pub- lave as | gave the master the right to his property if 1 sbould | have exeuped from him, that clange if the con- stitution did execute itself, so tur as the rights | of the master was concerned, to recapture his prop periy anywhere Le coud find it, if be could do so without violence and without a breach of the peac wus pul Upon the groand that it was imply a recognition of \ae ‘right ef property. fast al the common . ans under the laws of most of th States, po doudi a man would be entitled, 1! he could do it without vielence of A breach of the peace, to recapture his children or tis wile who we fogally detained from him, fut beyond that i say i know of uo instance in this wide varioty of powers, legislative, anywilere ‘where there 1 legislative action vblects of the exer implicaion bUL expressiy vestet in some of the de partinents of tho gov ud even in that sase to which ft bay here tbe Court wid that the constiution did execute seit 8: (hey nevertheless ruled that that aixo was the proper eabject of legisiutive action of Co} gress tight regulate and had regu winch and the mei should assert bis of the United st jated the manner io ¢ by which tte owner of the slave bito his property. the President ider-in chief of the arniues aud navies of the Republic, and yet trum the begimoing until now, without question ‘as to the coustitutional propriety of such legislation, the manner in which and the means by which be shail exercise the power of com. mande chief ol the army bas been regulatea by law, RESS AND THE SUPREME COURT, The constitution of the Unned States vests judicial power tn one supreme Court aud in such Inferior courts a: Congress from time to time may establish, and yet one of the very first acta that Congress, ander ~~ bhis.— constitution — ever parsed, was an aci—sthat” regulated = and guided and controliea, trom top» to bottom, ‘he exercise of those powers that more clearly aud ¢: pressly delegate to that judicul vraueh, and no man ‘ever suspected that ¢ Hs power in providing by and ways of the performance of tue great Judicial “innctions, those which least of all 1+ would be sale fora republic, should it be unauly tmeduled with, So, Mr. Presivent, it does appear to us, Without my cussion, and jor the very few reasons that f bave so feebly stated, that the Wdeathat this bili can be assailed 43 a0 uuconetitutional measure, even it you say that the constitution bas vested the power of periorming the executive or ministerial tunction of countiag tue votes, of which (be constitution say's the person bav- the greatest aumber shall be President, i8 nob li mutatainable. You have only dove in this bill hal, iM respect to every other branch uf the gov ernment aud for all time, year by — year, you lave been daily doing with the acceptance of every body, 1b only provides lor asceruuning mm a lawiul aud’ regular way what ts the subject upon which thw executive tunction of counting the vote, Ouding out who has the highest number, rests. it might ve contended “win _consideravie even if the duty, as lar ag 4 have beard it claimed for you, Mr. President, tested in that chair, that we bave ouly turnished you means of justiy law for th means perturming that duty; aud that would be “tru uniess it should be courended that & con. | siitution had reposed in you the functious of | Congress and of the judiciary, to heer, ty and determine ali questions of law and fact once for all, as in a xiven case, whether you should be President of tho Uunted States of uot, “Ut the pretension goes as (ar as that, of course, shis bill js ogainst it, But if it ouly goes to the po hat you are to exercise a com: manded imintsterial duty of counting a vote then, upoo the principles that 1 have a it would be entirely competent and the absoiute of Congress to provide you 4 aeans of tinding ous what is the vute you are (o count and compelling vou ws th does couris, Presidents, everybody to follow the judgiwent ‘of whatever tribuual should bave “ascertained thay * fact for you Decause it 13 only an act Which you are to do, nota de. cision that you ore to render. Bul, as 1 have said, L intended, on this occasion, Lo explain in as Briel a Way as | could exactly wnat the bil is and in a gen. era! way the grounds upou trations that might be suil further mudo ow that this deciding power, of which Lf am speaking does not rest with you, aud, as | think, to show, equally that it does got rest with either nouse of Cougtess anil Congress provides a law that allows it to resi there, are so humerous thatthe Whole day might be spent upon ther, . CONTEMPORANEOCA CONSERECTION, Toere iy on otuer topic which | will only just al- Jude to at this present time, whieh, of course, bears | onthe Gret | Wednesday he propriety of the occasion. javing said so much, Me. President, for } disiniss the subject in the boby that the refuliy consider whether it ts wise, by stimulating tb their own minds or by allowing their to overturn their judgment, to send this Republic Ybureday ip February, or the second ai tnonth, ike the mountains which the poet has spoken of, that were tumbiing into the wise: {| Soa without ashore, or whether it is better that tu } the fur course ot equi ecutive ahd Jumerai, | not the 6 necessity tor | egulate aud carry on the grent | p*or the powers that are not by | | ' s. by the express language of the | constitution, 1 comm: e#8, aud that Con. | Vote aud was addressed by Mr. Wintis, (ind.) of wadispute shall be justly seitied. THE DEBATE IN THE HOUSE. SPKECHES BY MESSRS. WILLIS, TARBOX AND CHITTENDEN ON COUNTING TRE ELECTORAL vorE, Wasuiscroy, Jan. 20, The House resumed the consideration of the resolu- tions reported by ine Committee on Privileges relative to the powers of the House tn counting the electoral He 6aid that before the election no mau would have | beheved that even Grantism could have Mexicanized {reedom. No man would have believed that in the short space of eight years the people who had ia 6 | asserted their independence had become so poisoned | past and forget ail its: memories. | the papers | Tilden, she demvcratic paper and infected by bad government as to unleara all its Atter the electoa announced tho eleetion of Samuel J. with joy and pratee, the republican with wcquiescence ana submission; but when the auprincipled republican party leaders bad | recovered from the shock of their defeat they set to | work and hatched a conspiracy to capture epousd | Yotes in the Southern States to cect Hayes, The mun | who attempted to batch the conspiracy were knewn tw ingress was exceeding | be strangers to honor, but they would soon recugnize ! shat thero was @ public before whom their plots wuaid | fail to the ground, | had enlarging upon this Yranch of the dis- | | of infamy. The republican committee woich gone down South at the tmstauce of Prosideoe jrant had encouraged the conspirators in ther work Vhev bad goue into conclave with thess men wud haa given them to understand that soe | army of the United States goverument would sustain them in any wrong they might com. tit on a bleeding people; but he declared’ that | which Anglo-Saxon manbood would never jail, force, | OFiticised severely she action of the President 1m seud- the Atmerican people wou'd oever submit to th A couspiracy under the auspices of a Caesar or a Napo leoo might be borne, but subimiseton to a conspiracy under the auspices of @ vetarning board composed of Seulawags and office-holders implied a degradation te He | ing troeps to the Southern States, deploring the jos of t | pressors, | tun | than | see the cansidate of the people elected. He dia a which it rests, Tne tilus- | wo | | govorament, the Republic when its detenders should become 118 op. He also criticised the Returning Board of ana, declaring that all its acts were iegal, 1 1 bad pot diled 4 Vacaucy which had occurred ed in javur of the power of the House unting the electoral vote, He thought that no ove could successiuliy deny the tight und power of the House to object to the vote of any State. In @ certain emergency the constitution provides that the House should eivct a President, apd 1 was tore ¢ that i <uch emergency should arise the present House would elect a majority candidate. The majority of the House was in barmouy with « majority uf wore 0,009 majority of the peopie He wanted to Want to see auy one elected Ly a legal quibbie, the case of Oregon Watta was undoubtedly inehgible and Cromp might be legally elected, Bus where was the man that would civim thes snat vote should = be countea tor Tu. den? He (Mr, Willis) would = deem —bimselt unworthy of @ seat in Congress should be proclaim such as bis purpase. The people were sov n, aud the people ol Oregum had given their voice for Hayes aod Wheeler, but when there was fraud in an clection who Would deny the power of Congress to investigate is? Novae but those Who despised reason and bated jusuce with a bitter baie, The conspiracy which party inan- | &gers batched in the South threatened a feurtul crime | against the tree institutions of Abe country. ib voived the destruction of Lope und confidence in tree lt a party could perpetuate uself for tour | Years, Le askod,why not tor forty? whv not tor all time? | fhe country was controating # principle which must | force or revorution, upon it, aud that is what [ called the contempo- runcous wustiuction in such case. Tt has | beon suid by many persous abd tt appears to be largely beloved, 4 cap take the ‘statements s 0; newspapers, that for a great many years the panto: your cuir has, with (he acqutescence of every- body, 30 coustrued tue constitution, and su it is tm. phed’ that that must be the ‘true construction of the constitution tn the present case, because mauy years, ur until a few years ba (y, of Whatever the time —i i Hl bert doue Le See eee ead tied Ze | Payne, of Onio, gave motico that he would om Tues: been doue. Ii that were true it would be entitied to woight in the consideration of — thiw— quen- tion, perhaps to great welt, but a tatertal inquiry, as With all cases of precedent, 15 wWwhether it is true to begin with ow, | y emphatically that tuis ts (he Itstory of tbe prac: ¢ guder the coustitavion; and when | duy that, | do esideut of the to ku den t Wot mean to say that he F ate has hot counted the w b the arithmetical sense, although | suppose as & matter of tact that trom the tine of Joba Langdou to tat of Schuyler Couax the President of Whe Sepute never counted one of them, | will take Wt for Jaw Le did do-the enamerstion, «though L suppose as @ thatter of truth tn overy instance (ue tele at the Clerk's desk did al: the counting. THY FIRST FORTY VHAGs. | which would exemplify the excell | tion and the wisdom of the t who sat | What did take place tor the first forty years of the | acl Gucst tee whee eee | whether there was to bea country or net depended 1b ineance in which a te great seal, aud had been elected Fs thomseiver us 7 drawo ito Republic? There never was paper coming ivow a State auder itled by ity Governor as to who ors, oF the certificates of the elec how they had voted, was quesiion, and the thing that w be met vow if ever, He did not tear any resort io ln counting the electoral votes ouths would be regarded, traditions respected und the giory of the Republic would be increased by @ result ce of the constitu. ‘sot the Republic. At the end of Mr. Willis’ speech Me, Seeiye, of Mase wh uselts, obtained the floor, but yielded to a mown | for the House to go into committee of the whole ou the Indiau Appropriation vil, pending which Mr, day vext call up for cousideration the vill reported irom the Jot Committee oa the Electoral Vote, tbe debute to continue Tuesday aod Weduesday, and thas he would call the previous question ou Wednesday went inte com- night. The House then, at two o’elock, mittee of the who, Mr. Hatcher, of Missouri, iu the Chav, ou the lodian Appropriation bill, priation recommended by the bill Mr, Witsnine, (dem) of Ark. mittee 1p opposition to the doctri e that the Prebideus inted that asa watter of | Of the Senate hus a right to count the electoral vote, Mr. Taruox, (dem.) of Mass., tising to make @ potti+ cai speech, Mr. Witson, (rep.) of lowa, made the pornt of order that the gentiemau must contive bi to the bill, Mr. Tagnox rephed that upon th question a8 to ihe question whether there should ve any need of inaking: ropriations jor the support of the ludisus. The CHain said that be would wait unui the gentle. | mnup trom Mavguchusetts hud proceeded turther before Benaie lad to deal with Was exactly the sort of thing | thay you bad to deal with when yesterday you tad be jure us, under the great aval of the state of Maine, the Credenbais of a Senator, 4 public act of that great State in condition of peace und order, with ouly one government or pretended government, with only seul and With the Cmiversal wequiesenee allo the Presideus of the | he tn te bis decision, Attver turther r rks by Mr. Tannos, Mr. Witson renewed bis point of order, oat (be Chair rated thas be iid vot say th advance Whetber the geuteman (rom iAssuchUsetis Would not mak cohuection betwee! lis poutical utterances with the bil belore tbe come mite Sir, Tannox then resumed, ing thot if ever Hthough itis fitlof parvies, Phe reign of law Spirit of moderation should prevail among the people niuced a result, avd there Was nothing tor you tw bd In the puble Cound such at bad vow ar- decide | you had the power of Al that) nved, The simple question wan, bo tad beew you had was to do, for the act ef ise6 | elected . ud there Was no power ande juve ‘hat (he Governor of the State etuli | heaven to revise the verdict which thy Americnu certity to the President ol the senate who bas tee: | people had given at the ballot box The insutuuous elected. Suppore you wege to assum try could endure evew « corrupt aud licen. papers as (at that you wad the ry stration and Gut be utterly crusbed out, wietber that was the certilieate of the Governor (a been showoa® Bur the the ccnstitaiion #ay4 pretty much the #ame tying | Wo etlice of rulers whe were nos in Us case), Would you ever ibimk of domg suca | to tt py a@ far and hone: thing’ To rather thiak wot, Hut thas m@ atte oferthrowal of tree goverament, off wat LWas sayiag Abou The precedente, On the first ve the language of the suggestion reater than the divine eght of Kings. or jonni Conventir in orwer to race wid (he seatiment of the peo put the gov ut ito forer the elevtora tempt at con once qui were recommendey to send their certificates, | settlement of it by Lue Exveutive, as if i were per- not to the dent of the sen « the | tombe tor the Bxecahve to aetermn ne ag to who bad Constitution th expicit Worms euy bub tutte Secretary been eecied President, of the Uaied States « ), ava (hat the Seu. Mr. Wilson, of lows, agato raised the point of order ae pot vet baving ce Presdems and | that Mir. sarboS must contige tos remarks bo the pead- vob yet having a consti nal Sresiaent, tor | tog bib the “constitution easy that Vice sidont oe Calm again decided that he could not foresee shali be the President of the se and itisouly a Shether the guutiewaa's speech had Dot relereuce tv his Avsouce that a res pointed, a President o Jor the sole yurpose of opening aud co words are, the electors: vows What did mean! fe there anybody who beare me who Ves (hat that constitutional convention Uy there d¢ intended (v Command Presideds of tbe HALO lee ed or he suie pury of counting, bo enter mio, or have «right to enter into, an inquiry aa (o what Slater had ratined the constitution, Which qiry shoud bine body t ake LAS ULLUSTIRA TION, Suppose the Senate difered with Mr. Joun Langdon Supposing be had said When (he papers ail came “There is une irom Ehode Islnd” which tad pot yet ratified the coustitution as we KNOW historically; were war 8 ie from Jy, and Mr, Langdou bad for 6 to say, she wom the Union,” do single Senator preseat who, submitted to IN tor a mo! vu sUppore there w he vay ing 18, would by Reode Isiaud | uudertaken | iu the states of Lou ainly, | take the vote of Rhode lsiand, | bad the control of the ballot boxes and the manipula- The coustisution said | voi » DUI Under cou Mr asks, of Mam rabiOn, and his decision was ap- huveits, who sad that ov one cou out that ihe gentlemen from Mavsachusenas Ob: Taroox) Might Make & suggestion 10 bis speceb,to refer tbe Whole Presidential question tw & eva’ thee tue lodien (rides, (Laugnter, Mr fanno. progecded with tie speech, aud said Uhere Was avery genera: cr turoughout the couR- try that there Was a conspiracy of Vad meu to dereat the wos of the people Ov lniee returns. The Coairman oF (he National Repubiican Committee bad agnounced the day allan te eleethon ber the repubiewn cundi- dates for President ap ‘ re: had teed oiwcted by a majoriy of one, How dit be kaow that! His assertion oF prophecy had beeu based ot Lit ows Kuowiedge of We dase character of the meo wae 4, South Caroliva and Dlorida, fiom of the roturt He (reterriay to Mr. Chandler) bad kuoWo (has when those men reahsed cbat the of bhoge States were ecessary 10 the eeetien Of