The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1876-12-28
1O5s.l Among the members of

B. F. Butler, Eggleston, Ferry, Gar
field, I~ngersoll, Logan, Schenck,
Shellabarger, and other prominent
Republicans.
In relation to the question, a. to
who shall count the electoral votes,
Robert Schenck says: see Congress
sional Globe, vol. 40, page 1099.)
"There are three parties to the
transaction; the President of the
Senate, the Senate, and the House
of Representatives, converting togeth-
er, and acting jointly and concurrent
ly. / hold that the Twenty Second
Joint Rule under which we act, is
not only a constitutional provision,
but l hold that is just such a legis-
lative act, in n sense, as alone was
necessary; it supplies a causus omis-
in the constitution; the constitu-
ton requires not that the President
of the Senate shall count the votes
at all, there is no such declaration in
the Constitution. But it declares
that he shall open the certificates and
that the vote shall then be counted.
That provision of the Constitution,
not necessarily executing itself, is
aided by auxiliary legislation in the
shape of a concurrent resolution of
the two houses, or of joint rule, a
concurrent resolution put upon your
journal is sufficient for that pur-
pose"
At another time Mr.. Bingham, up
on this subject says: (seeiyoI. 40, p.
1879
"Sir, does the gentleman ask me
for authority in the Constitution for
this power which has been exercis-
ed by concurrent resolution. Ipoint
him to the words that ought to be
familiar to every school boy in the
land, that the Congress of the United
States, being composed of a Senate
and House of Representatives, shall
have power to pass all laws, that is
TO say all rules, for a rule is a law
to carry into effect all powers vested
by this Constitution in the Govern
ment of the United States, or any de.
partment, or in any officer thereof
Is not the President ofthe Senate an
officer of the United States, and does
not your Constitution say that he
shall open the certificates Of the cleo
toral votes in the presence of the two
Houses and the same shall then be
counted9 Does not your concurrent
resolution which is a rule, a law for
the government Of the two Houses,
say what shall be done with it when
it is opened?"
BENZ. F. BUTLER said in relation
to the powers of Congress, as to
counting the votes, in the absence
of the Twenty Second Joint Rule.
or any rule of Congress but that
which is provided by the Constitu'
ton of the United States, which pro.
vides that "the President of the
Senate shall open all the certificates
and then the votes shall be counted
in the presence of the two Houses
(Vol. 40 p. HOS Con. Globe.)
"Now, 1 ~apprehend there is nc
better and no more just rule of con.
struction of Constitutional or Other
law than that where power is ex.
pressly given by law to an officer tc
do a certain thing only, that power
is limited, and a further power to dc
another thing not expressly CONFER
ed upon him cannot be given by in
tendment and the very comforting O.
the power with o j limit excludes sucf
intendment. Now the Constitution
gives to the President of the Senate
the power to open the certificates o
the votes, because being transmitted
to him he has them in custody
There it stops so far as he is con
cerned. The votes shall then b.
counted in the presence of the tw,
Houses. Why? If the President o
the Senate may do in this matter a
he pleases, as is now claimed to b,
the law, and we cannot help our
selves, whether it be the great con
stitutlonal duty, wrongfully or right
fully, why, then, should the Consti
tuition compel us to stay here as wit
nesses to a wrong with the commit
ting of which we have neither th'
power or right to interfere? Are W
compelled to sit here poor, inanimat,
witnesses, ~powerless witnesses, inca
pable of good or i'll? Now wher
does tho Constitution place US? W
are placed here in joint convention
to count the Uotes, or what is tn
same thing, to see that they + just
ly and correctly counted"
In view of the provision of tn
= Constitution upon this subject, an
of the Interpretation which has bee
uniformally given to it, and acted o
by Congress whenever the emerger
cy has arisen, is it not safe to say tina
Congress has the right, and it is he
duty to determine whether the Elec
toral votes of certain States hav
been cast through fraud or from an
other cause, are not legal, and hay
ing SO found to reject them. And
the result of such action shall ind
cate that no candidate has a major
ty of all the votes east, then in OBJ
dience to the Constitution the Hous
shall Immediately proceed to elec
the President and the Senate til
Vice President.
:, The meeting on next Saturday g
ternoon is called for all persons VIII
: are opposed to the swindling oper
: t;o,, of tbo ofrrripr PoorJ ,o5 -