The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-12-07
COUNTING THE VOTE.
Duty ofConYress Tn the Premises.
FAIRvIEw, HANCOCK, Co., w. Va, /
December 4th, 1875.

December 4th, 1875.
! Editors OF the Register.l
The question propounded and dis
cussed by you in to-day's paper-"Whst
is Congress going 70 do about it?'-ls
one very difficult to answer in any other
than one way That Is something, 1t is
true, which may be predicated Of nearly
all knotty questions. But you will
understand my meaning as l proceed.
The question has reference TO the con-
tingency of the Canvassing Boards in
the disputed States giving certificates to
the Hayes electors and thereby establish.
ing prima faeie majority for Hayes
over the rightfully elected candidate OF
the majority. maintain that the only
reasonable, the only Constitutional and
legal solution of the query is
that given already in my letter of the
14th ult., to.wit: that the two
House of Congress assembled in Joint con-
vention, on the second Wednesday OF
February, shall, rs a joint body land n OF
rs two separate bodies) decide all ques-
tions concerning the count of the Elec-
toral votes. In the same issue of your
paper containing the above question to-
days. you publish a communication from
q gentleman (Wm. E. Arnold) who
bears the reputation of sound lawyer,
who takes 1.-The identical view / have
presented. 1t is useless to talk of prece-
dents bearing upon the question. None
exist. The opinions of distinguished and
disinterested statesmen may be consulted
with profit, and an examination of these
will not result unisvorably to the con-
struction as to constitutional jurisdiction
and right as indicated above. think it
will be found that such was Mr.. Clay's
opinion. President Lincoln approved
and sinsned the joint resolution passed
in 1865, declaring certain States not
entitled to representation in the
Electoral Colleges" but he did SO,
as expressed in his special message re-
turning the same to Congress, not be-
cause such an enactment was necessary
to confer jurisdiction upon 1.-The two
Houses" but only "ln difference to the
views of Congress, implied IN ITS passage
and presentation to him." And then in
tie same document, he proceeds to de-
clare that sin his own view, however,
the t,Co Houses of Congress convened
THAT is, met in convention, just as the
two Houses of State legislature con-
vene Jointly for the election of United
States Senator) under the twelfth article
of the Constitution, have complete power
to exclude from counting all electoral
votes deemed by them to be illegal"
1t is 'the two Houses convened" not
Congress acting as two separate bodies,
that exclude "votes,, deemed by them to
be illegal" In the meeting at the count
of the electoral vote, the two Houses
cease to be legislative body las we or
dinarily understand the Congress of the
United States to beg and becomes simply
and only the tribunal to which the Con-
stitution refers the decision of the cleo
toral votes for President and Vice Presi-
dent.
The contingency has been suggested
by Republicans taking the manifestly
false view that the President of the Sem
ste was vested with the power OF decid-
ing on contested counts) that the Demo.
cratic House might absent themselves on
the second Wednesday of February, and
thus prevent u count being had. Let US
,nsider The opposite contingency-the
Radical Senate msjority's refusal to sit
IN Joint convention ,or the decision Of the
count. Could they thus balk and pre-
vent the count2 1t is difficult to see how
they could. The law Revised Statutes,
section 142) requires Congress to be in
session on the second Wednesday in Feb
ruary succeeding each meeting OF the
electors, and that session must, under the
Constitution, be d joint one AS
suredly there is as ample authority
in such Joint meeting to compel the at.
tendance of absentees as exists in either
body met in separate session. Should a
sufficient number Of Senators desire fac
tiously to withdraw, so as to destroy the
Quorum of the Senate, and thus OF The
Joint convention, can it be claimed, with
reason, that tho convention Is powerless
TO preyent its own destruction? Must it
WELD its own existence, and aban don to
defeat the solemn and imperative COM
mand of the constitution and laws, at the
will of a lawless minority OF its constltu-
ent members? To admit it is to admit
the right of governmental suicide.
The plan proposed by ex-Senstors
Schurz and Henderson and others for a
constitutional amendment referring the
counting OF the electoral vote to the
United States Supreme Court, is, per sc,
a good enough one; but the Democracy
of this country do not need anything OF
the kind Just no,o. Having fairly and
honestly elected Samuel J. Tildeu and
Thomas A. Hendricks to the hig
Office of the government under the laws
as now existing, they propose, under the
laws as now existing, to place them IN
those offices. at is bad time to swap
horses when crossing the stream"
CAMMILLUs.