Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1876-11-29
iSENAT TOR WALLACE INTER
VIEWED.

GenutOT hiliicS Nus lnlclNlcMc'
lately by reporter Of the Pbiladel
phiu Times, and requested to give hi
opinion of the Presidential muddle
The Times gives the following repor
of the conversation between the re
porter and Mr. Wallace
Reporter. Senator Wallace, | an
sent by my paper to get your views OF
the situation.
Senator Wallace prefer not tC
discuss matters which may come before
the Senate, lest it may seem they are
Iprejudged.
Reporter Other Senators have Civ.
en- their views, notably Morton and
Sherman, and it is just that both sides
should have hearing in the press.
Senator Wallace.-W hat is it You
want from me?
Reporter.--An answer to the ques-
tion, Has Congress, or either House
thereof, any power TO arrest actual
fraud in the return OF State Tor Presi-
dental electors +?
Senator Wallace.-That depends up
on what is the true construction of tie
provision of the Federal Constitution
regulating the counting of the vote for
President The words are, The
President of the Senate shall in the
presence of the Senate and House OF
Representatives, open all the certif-
Gates, and the votes shall then be coun.
ted" Does this mean that the Presi.
dent of the Senate acts ministcrially
and has sole and exclusive power in
both opening the certificates and count.
ing the votes ? Or, does it mean that
he shall have power alone to open, and
the counting Of the vote is to be under
the control and direction Of the two
Houses of Congress Ifit means the
former, there is no power to arrest an
actual fraud, and the Senate and House
are present as witnesses to the wrong
If it means the latter, a remedy may be
found If the President of the Senate
be vested with full power TO count the
vote, the languageis strangely inappro-
pirate to confer it. 1t is not abe shall
open the certificates and count the
votes" but il is "he shall open the ccr-
tifcates, and the votes shall then be
counted" When we take this language
in connection with the fact that the
Senate and House are to be present,
and with the unbroken line Of precc-
dents since 1897, it seems pretty clear
that exclusive power TO count the votes
| is not vested in the President of the
Senate, but n power to count is given
to some person, or to some body. This
power IS not in the States, for it is vital
to the existence of the general govern
mcnt it is not reserved to the people,
for in the creation of their government
they parted with every power that was
essential TO its perpetuity, and this
power is vital and essential to the exist.
ence and perpctuity of the general gov
ernment; for if the votes cannot be coun-
ted, 1t can not be knpwn who is chosen,
and the machinery of the government
is slapped. This counting and the re.
suit thereof is the elimination of the
popular will, and IRON the very neces.
sity of the case it inheres in and be-
longs TO some agency of tho govern
ment of the United States. 1t is the
right of the people TO appoint their
electors; it is the right Of the State to
return its choice through its electoral
college, and ii is equally the right OF
the general government 10 count that
vote, What, then, is counting the vote 2
Before we can reckon, number or count
the votes, we must first learn whether
they are votes Mr. Clay put this very
foroibly in 1921, in the Missouri case,
when he said, "Tbe Constitution re-
quircd Of the two Houses to assemble
and perform the highest duty that
could devolvc on public body-to as
certain who had been elected by the
people to administer their national
concerns. In case of votes coming
forward which could not be counted
the CONSTITUTION was silent ont iortu-
nately INC end carried with II the
means. Inc TWO Houses were called
on to enumeratc the votes Tor Presi-
dent oil course, they were called on TO
decide what are votes" The authen.
ticity ana validity OF the certificates
presented, containing the tally OF the
votes, are as much involved IN the ex-
ocution Of this great power as are the
mere reading OF the names and figures
found therein and, as consequence
necessarily following this, the regularity
Of AL prior proceedings which ,S resulted i,a