llful speaker must adapt himself to the
circumstance and to his audience. A stump speech, a speech in the
House of Representatives, a speech in the Senate, an argument to a
court, an argument to a jury, should each be framed on a model of its
own. Neither style will answer for any other. The degree of variance
may not be considerable and with a well disciplined person the change
may not be apparent. Mr. Webster adapted himself to every audience,
but the changes were slight. Yet there were changes. He was not over
solemn in the Supreme Court, and he was never boisterous when he
addressed the multitude.

As far as I recollect my positions and arguments in the debates upon
the counting of the electoral votes, I now discard all I said then.
My present conclusion is that upon a reasonable construction of the
Constitution there is no occasion for legislation or for an amendment
to the fundamental law. The Vice-President or the President of the
Senate is the president of the convention. He carries into the chair
the ordinary powers of a presiding officer. He rules upon all
questions that arise. He may and should rule upon the various
certificates that are sent up by the several States. If, in any case,
his ruling is objected to, the two Houses separate, and each House
votes upon the question:--"Shall the ruling of the Chair stand, etc."
If the Houses divide, the ruling is sustained. The president and one
House are a majority. The decision is in accordance with our system of
government. The suggestion that the president or that the Houses may
act under the influence of personal or political prejudice, may, with
equal force, be urged against any scheme that can be devised. The
counting of the electoral votes must be left in the hands of men, and
the Constitution has given us all the security that can be had that the
decision will be honestly made. The president of the convention and
the members of the Houses are bound by oath as solemnly as are the
judicial tribunals of the country. A judge is only a man, and he is
subject to like infirmities with other men. It is a wise feature of
our system that the courts have no voice in the political department
of our Government. The presidential office should never be in the
control of the judicial branch of the Government.

[* Letter of the Honorable Thomas B. Bryan.]

XXX
THE AMENDMENTS TO THE CONSTITUTION

I had no part in the preparation of the Thirteenth Amen