The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-11-27


tgress In IFS Legislative capacity tbat counts
= the votes. Tic Is not Congress as law
4 making power that counts the votes.
4 When Congress acts upon these returns ii
3 is not acting III the exercise OF its law-mak4
ing power. Its not acting under its legis-
1ative power. Congress can provide by law
i the mode OF counting these votes.
/ Mr.. WHITE spoke, claiming the power
4 for the president OF the Senate.
7@s5fr. COOPER advocated law.
mr.. FRELINGHUYSEN (Republican):
/ Wfep the expression was used, "And the
votes shall then be counted, IL was intend
ed that the votes might be counted in the
mode and manner which the ambassadors Of
the States, constituting the Senate, and the
representatives Of the people, constituting
the House of Representatives, might point
ont. It was meant that they had the power
to point out the mode and manner in which
the votes should be counted. That at least
is my construction OF the Constitution. si5
Mr.. HERMAN: cannot believe that the
true construction Of this clause is that the
president pro tempore OF the Senate, in the
event Of question arising as to what Is a
return Of electoral votes, is the conclusive
and final arbiter OF That question. think
that view is very contrary to the spirit OF
the Constitution, and certainly, as; was well
1 said by one or two senator's, the language
does not require any such constructions,
| He is simply the person to whom votes are
to be sent from the States. The Constitu-
| ton declares that he shall open all thevotes
received, substantially, and then they are to
be counted; and / think it would be very
unnatural construction TO say that If he
opens two sets OF returns from the State OF
Pennsylvania he shall decide whRh OF them
is the true return. think then that we
have to decide, or provide for de-
Gliding, by some other tribunal than the
president OF the Senate, in the event OF two
returns coming from State, or return
being challenged from State, whether it
shall be counted or not.
All the above debate took place on the
18Th Of March.
On another day Mr.. BOUTWELL,
said: | do not accept the sugges-
ton that the Vice-President Of the United
States has anything more to do in the bust
ness OF counting the votes for President
and Vice President than that specific duty
which is prescribed for and enjoined upon
him by the Constitution. That duty is, in
the presence of the Senate and House OF Re
representatives., to open the certificates. There
being no other duty assigned to him, III
fer naturally that he is to do nothing more.
The two houses have from the first UNI
til nov counted the votes.
Still further, Dir. President, l think the
counting OF the votes, in the language OF
the Constitution, means something more
than q mere examination OF the certificates
returned from the electors OF the represent
tative States. And from 4 third
conclusion it necessarily results that it, un-
al, f,.ST< of
persons hostile to the true interests Of the
country, two returns come in from . given
State, and it is not in the power OF anybody
to demonstrate to the tuo Houses which is
the true return, that State mast lose lis cote.
Mr.. CHRISTIANCY said: 1t the Consti-
tution) does not say by whom the vote shall
be counted, and as it docs expressly pro-
vide that the president OF the Senate sha IL
omen all the certificates, and then immedi-
ately declares that " the vote shall then be
counted without saying by whom, there
is, as it seems to me, fair though not con-
elusive Inference that it is not made the
duty OF the president OF the Senate to count
them, because il this had been intended the
language in that connection would naturally
have been, as already suggested by several
senators, "the president OF the Senate
+ shall open all the certificates and
count the votes"
Mr. DAWES said: / think that the Con-
stitution means that they shall be counted
bv the two houses. / cannot quite agree
with the Senator from laryland that they
are to. be counted by the president OF the
Senate. You must say that this
incidentalsuestion necessary for the count
ing Of votes is to be determined By the two
houses as houses, and so iar Us the bill re-
cognizcs that principle SO far this bill is but
carrying out what seems to me to be the
plain provision Of the Constitution. That
is question OF fact, which set (of clcctors)
is appointed; and considering the general
manner in which they are appointed, by
election by the people, it is question OF
fact lying deep down, surrounded by dill
cultcs, and to be determined, not upon IN
spcction of The papers, but upon Evidence
TO be taken outside Of the papers, II such o.
contingency shall erer arise.
Mr. FRELINGHUYSEN said: But am
satisfied, in reviewing that subject, that the
Constitution does not contemplate that the
president Of the Senate is to count the vote
The fact that the Constitution does In terms
provide what duty the president or the SEN
ate is to perform-to wit: That he is to
open all the certificates, and onits to pro-
vide that he shall count the vote-l think Is
conclusive Illat IL WIS llOl luteuueu tHtt he
should do more than he is expressly author
lied to do by the Constitution.
Mr.. Edmunds, the best lawyer on the Re-
publican side, characterized the amendment
to make the president OF the Senate the UNI
pire In case OF Il disagreement between the
two houses as ga very unsafe and danger
Gus proposition" lie added: cit is wrong
in principle, as I think, and that it would
he dangerous in the last degree in practice
| have 10 doubt at all.'
We here lind every leading Republican
senator pledged to the proposition that the
two houses OF Congress. and not the presi-
dent OF the Senate, have the power to count
the vote for President and Yice-President.
And yet every Radical paper now denies
this very proposition. Our great Demo-
cratic lawyer and statesman, Thurman, lays
down the right doctrine. f
4 Times special has learned that within q
few days there will be twenty-onc compa-
nies-comprisng some fifteen or sixteen
hundred men-in Washington; also, that
- l.