The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-12-04
The Power Of Congress In Reference
Ia the Presidential question: D's-
cusscd by "a Lawyer.

cusscd by IA Lawyer.
WESTON. ". VA, Nov. 80, 1876.
Editors OF the Register
|; looks now a if the electoral vote
otSouth Caroins, Florida and Louisiana,
through the maliDHidtlOnS OF the R'
turning Boards OF those States would be
certified Tor Hayes and Wheeler tor
President and President OF the
United States How TO arrest the action
ul these Returning Boards and have the
returns corrected according TO the popu-
lar will. as expressed by the qualified
voters Of those States, in the late Pres
Dental election, are questions which our
ablrst and wiSest statesmen Will IN very
short time be called upon to solve. lie
twelfth article of the amended ConstltH-
ton of the United States reads: "Ihe
electors shall meet IN their respective
States ami vote By ballot for President
and Vice President, one OF whom nj least
shall not be an inhabltant OF the same
State witt themselves; they shall name
IN their ballots the person voted Tor as
President. and in distinct ballots the per-
SON voted for rs Vice President, and they
.nall make distinct lists of all persons
voted for It, President, and of all persons
voted for rs Vice President and OF the
number Of votes for each, which lists they
shall sign and certify and transmit
sealed to the seat oi government OF the
United States. directed to the President
of the Senate. The President OF the
senate shall, in the presence OF the Sen
ate and House of Representatives, open
all the certificates, and the votes shall
then BE- counted.
Now. the all-important question l.,
who shall count the votes, tie President
,.r the Senate, or the Congress- m JOINT Sc~-
..ot? The twenty.srcOnd joint rule pro
.drs that the two Houses shall assemble
in the Hall ot the House of Representa-
ives at the hour Of one O'Clock 2. VI. on
the second Wednesday in February next
Succeeding the meeting OF the electors OF
President and Vice President of the
United states, and the President ot the
Senate shall be their presiding nicer. One
teller shall be- appointed Oh L." pat
ui the Senate and Two on n" pvt OF the
House If Representatives,, Il whom Sh"l!
he handed Is they are opened by toe Pres
i!.ut of the Senate tue certificates oil the
electoral votes; and said tellers having
read the same in the presence and hear
me q! the two Houses thus assembled,
shall make lit of the votes rs they
shall appear from tho sand certificates;
and the votes having been counted, the
result of the anne shall be delivered TO
the President of the Senate, who shall
lhcrcupon announce the state OF the vote
and the names of the persons, II any.
elected, which announcement shall be
deemed u sufficient declaration OF the
persons elected President and Vice Pres
idcnt of the United States, and together
with list of the votes be entered on the
Journals of the two Houses. Ii upon the
reading OF any such certificate 10y the
trllcrs any question shall arise IN regard
t. counting the votes therein certified,
the same having been stated by the pre-.
siding officer. the Senate shall thereupOn
withdraw and said question shall be sub
mitt.d 10 that body for Its decision;
and the Speaker OF the House of Repre-
>nntatives shall, in like manner. submit
said question to the House of Represent
auvcs Tor lis decision. And no question
shall Ice decided attirm.tvcly, and no
,"L' "'J'''e,' " S".'' ", ,''' Sc ~ >t,p'
IS INC n oTHo1,' h n%, oL,sinod ,bo two
,i'"'SS' 'r.H ,,mmedia,cI,, resSsc,oLIe
NI,['5. ,,ra,;,,,,,, otiiccr shall tbor an,
''"u ', W, .ho danis;on of tho 0nastion sinh
'.I. 80 r,,r onv surh ouc.tinp
"'''''' a. I,h,,,a,, III IL /
,.''' S,''''' .,,,.'l ;,,,ror,a,t nnos,;,ni,
NV Inv 't,>J y. - .ll,,s,;.,,,;.,
!, I"Is I"'o !" ''' w. L.tr:,,
al. Inc rev =. ,'"',''e 49,. . IL 80" 49,
States S'T'i"' - ~, Ls-. ''.''T W..
-re,s s"A'' ~ !" S'ss'''' 'Il' go" ', w
hc'd"I u" WI ""' wy /
meeting ~ Vi, e.',,', = ,','" ' h t ','
'H'e>' OF :" ma -
r'rtiNSa' ShHl' '"'" wv .W tN' 49,
counted anu INC no III Wv
o' frrs'uen' anu ',' .'s'''''
tanned ana uoc'a''u' "S'oe"o'e " 'Hc
Constitution.
1t will be seen upon the reading of 50
much q! the 18th article OF
the Constitution above quoted, that
the Constitution does not en-
prcssly declare by ,rhom the votes are to
ho counted. "ln the case Q. questionable
votes Gays Kent lst V"i. commentaries.
top page 216) and closely contested
election. that power may bc all import