The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-12-12

| Objection was made byssyeral Senator
| on the Republican side, on the grouni
that the paper was not addressed to III
Senate, and to print II would be a viola
ton OF the rules. After debate It va
decided that Messrss Bogy, Stevenson an
Mcdonald should prepare memorial
making the paper part thereof, and /
could then be printed. nSt' ,.H''
Mr.. Mitchell, from the Committee OF
Privileges and Elections, reported favor
ably on the resolution authorizing IN In
vestigation "a to tho eligibility Of MI
Watts, the Oregon eleotor, and asked IT
present consideration. - = -
Objection was made by Mr.. Cooper ant
IL went over until tomorrow.
Mr.. Cameron, Of Wisconsin, introduced
a bill for the redemption Of greenbackS
It provides that from and alter It's enact
ment the United States shall receive le
gal.tender notes at par in payment o
import duties and all other dues anc
revenues Of every kind. Referred to th'
Committee on Finance.
MIR. Bayard offered the following:
ReSoired, That the Attorney Genera
be and is hereby directed to communicate
10 the Senate the total number Of deputy
marshals employed Throughout the United
States in connection with the election
held on November z, 1876, stating the
number so employed in each State and al
each voting precinct respectively, and
the length OF time they were so employed
Laid over until Tomorrow.
Mr.. Morton submitted u resolution
providing that the various sub.commit.
tees OF the Committee on Privileges and
Elections, authorized to inquire or re-
port as to the late election in certain
Southern States under a resolution oi
Mr.. Edmunds, shall be known US COM
inittees OF the Senate, and that the Chair
man have power to administer oaths.
Agreed to.
ir. Boutwell, was excused from
service on these committees.
Mr.. Sherman presented petition from
General Jos. E. Johnston asking for the
removal OF his political disabilities. Re.
ierred. .
The Senate then resumed the consider.
alton OF the unfinished business.
The joint resolution OF Mr.. Edmunds
proposing an amendment to the Consti-
tuition Of the United States so as to have
the electoral vote for President and Vice
President counted by the Supreme Court,
and the amendment proposed by the
Committee on Judiciary, providing that
the electors shall vote rird roce instead OF
by ballot, was agreed 10.
Mr., Morton opposed the clause provid-
ing that the Court shall, in the discharge
of It's duty, disregard the errors Of form
and be governed by the substantial right
Of the matter. He argued that this clause
would give to the Supreme Court bound
less jurisdiction. 1t would authorize
that body to do almost anything-per-
haps to go and count the votes in the
State OF Vermont. A State Jurisdiction
should not be conferred upon any tribu-
nal, as it was dangerous.
M. Edmunds said that the object Of the
clause was not 10 authorize the Court to
exercise a boundless jurisdiction, or to
60 any where 10 count the votes OF the
citizens, but it was 10 authorize the Court
to do what exactly the Courts would do
in any matter which they were called up
on to decide, and that was to disregard
forms and decide upon the substantial
right Of the matter. He then explained
ut length the provisions OF the joint reso-
luton, proposing the amendment TO the
Constitution, and said it was not a device,
as some OF the news papers had intimat.
ed TO swap horses in crossing stream.
Il was introduced by him in the Senate,
on the 22d OF March last, almost year
ago, and reported fayorably by the iudic-
iary Committee, with amendments, on
the 90 OF May following, before either
Presidential candidate was nomi-
mated. He then referred to the
proceedings OF the Convention which
framed the Constitution, and said he had
been unable TO find anything in the de-
bates Of the Convention which threw
light on the clause OF the Constitution as
regards the connt OF the electoral vote in
the presence OF the two Houses OF Con-
gress. The extent Of the power Of the
Presiding officers as to the count was not
defined. For many years there had been
among gentlemen Of all parties, a wide
OF the clause in the Consti-
tuition in regard 10 the counting Of the
vote; TO settle that doubt the
on the Judiciary had thought
il desirable to report this proposed amend.
ment.
Mr.: Edmunds then referred to the acts
OF Congress early IN the history Of the
government, and the debates which then
took place in regard to the subject, and
said in 1903 an amendment to the Constl.
tuition, now known as Article 12 OF amend
ments, was agreed to. But he could draw
no light from the discussion which took
place on this amendment as TO the true
intent and meaning Of the Constitution.
From 1903 to 1864 there was no provision
by law or no provision by any joint rule
which undertook 10 deal with that pro-
vision OF the Constitution. He next re-
fcrred to the late 22d Joint Rule, and re.
viewed its history briefly. He spoke
Of complicated questions which had
arisen heretofore in the election Of the
President and said country came out OF
them clear as he hoped It would, and he
believed it would, on this occasion. He
argued that this proposed amendment
was not intended for this present Difficult.
Iy growing out OF the late election. II
was brought forward in the Senate long
before either candidate was nominated.
The Judiciary Committee thought the
,afest repository OF this power OF
counting The vote would be in al
tribunal which had q single solid
existence and not u dual exist
snce as was probably the case with
Senate and House OF Representatives.
The Supreme Court was usually COM
posed Of an unequal number Of persons
and some conclusion must be reached by
it. He spoke OF the danger to be feared
on account OF the prejudice, passion and
anger which must exist In SO large a body
Of men as in the two Houses Of Congress
on deciding questions OF this character,
and argued that the power Of counting
the electoral vote should not be reposed
in political body. He favored vesting
this power in the Supreme Court, because
The Judges were not subject to excitement
like the great mass Of men are. Besides
they were trained to a careful knowledge
Of the constitutional law, and they would
bring TO the confederation ofthe questions