The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-12-19
COUNTING THE ELECr0RALV VOTE.

COUNTING THE ELECTORALVOTE.
Republicans claim TO have found a pre-
cedent for the President of the Senate
counting and declaring the result Of the
electoral vote in the action of Senator
MASON, who presided over the Senate in
February, 1857. We publish below, as
taken from the Globe, the proceedings on
that occasion, and if the Republicans
car derive any comfort from it they are
welcome to it. When the State of Wis
consin was reached it appeared from the
certificate of the electors that the electo-
raj vote of that State had not been cast
on the day prescribed by law, (the act of
1929
Mr.. Lstcher, Of the House of Repre-
sentatives. addressing the President Of
the Senate. If | understood the vote
which has just been read, it has hot been
cast on the day prescribed by law for
voting for President and Vice President
of the United States. l do rot know
what would be proper in case OF this
sort; but | desire now to call attention
to it in order that the point may be
brought to the attention Of the country.
The time may come when 1t would be d
matter of Importance TO have these votes
in regular shape. l desire, SO TAR as l
am concerned now, rs "A representative OF
the people, to present my objection to
the reception of this vote,
Mr.. Jones, of Tennessee-1 suppose
Mr.. President, the proper way would be
for the tellers to report the facts 10 the
convention of the two houses, and let
them decide.
The Presiding Otiicer--The presiding
officer 80 considers.
Later on in the discussion, Senator
Crittonden, of Kentucky, put the in
quiry:
Do / understand the Chair to decide
that Congress in Eo form has power to
decide upon the validity or invalidity OF
4 vote2
The presiding Ctiicer-The presiding
officer has made no such decision, ne will
inform the Senator from Kentucky.
Mr.. ii. Marshall, of Kentucky, in the
course of remarks following Senator
CRITTENDEN, said:
The language of the Constitution is
that 1.-The President of the Senate, in the
presence OF the House OF Representatives,
shall open al the certificates and then
the phraseology changes, and proceeds:
and the votes shall be counted" not by
YOU, but by US.
A little later in the debate, Senator
CRlTTENDEN said:
| shall not presume before Congress
10 occupy momcnts time with argu-
Inen.. l wish merely to say that the
sense of duty, an honorable sense OF duty
/ have no doubt, upon which the presid-
inc officer has acted in assuming to de-
clare the number of votes, involves the
privilege Of determining Presidential
election, and saying who shall be Presi-
dent. l protest against any such power.
The presiding oflicer-The presiding
officer is utterly unaware that he has as
sumed the exercise of any such power.
Immediately following this emphatic
disclaimer the President of the Senate,
Senator CAss, of Michigan, suggested.
The only thing which remains for us
to do, if there are lnsuperablc difficulties
in the way, is to adjourn Immediately to
our respective halls Then le. % Sen
IL n kri,
up the matter for action.
The presiding officer having inform
cd the House that the tellers had not vet
completed their certificates Senator
Douglas, of Illinois, said
| rise to state that, in my opinion, the
tellers have no right 20 authenticate that
certificate until the two houses have pass.
ed upon il "a 20 its being Il true court.
| rise To protest against this joint con
vention being dissolved until the ques
ton which has been raised shall have
been decided.
Further, the question having arisen as
to the presentation of the certificate of
the tellers, the President of the Senate
(Mr. Masonl said:
The presiding officer would again
state that the duty OF the tcllcrs has not
been discharged. The tellers, it would
appear, made their report before they
had signed the certificate. The vote
will be again read to the two houses, and
then can determine ,Ohat snail be done.
Mr.. Wsshburne, of Illinois, speaking
a little later in the debate, said:
| demand the reading of all the official
papers connected with the Wisconsin
case. think the convention have the
right to know what those papers are.
The presiding otiicer-The Chair will
direct them to be read.
After the Senate had returned 20 the
Senate chamber, the President of the
Senate reclted the proceedings of the con-
yention of the two Houses, and said:
The presiding officer desires to say, as
he thought he had distinctly stated while
presiding over the two Houses in the
chamber of the House of Representatives
that the conception OF the Senator from
Georgia Is entirely erroneous, III the !
Judgment OF the presiding officer. The /
presiding officer did not undertake to de. |
eide whether the vote OF the State of |
Wisconsin was Il good vote or bad vote. |
The presiding officer upon that matter
did no more than rccite the fact which |
was reported to him by the tcIlers, pur-
suant to the order concurrent of the two |
Houses.
The presiding officer did no more than
announce that the vote OF Wisconsin had |
been given to John &. Fremont. |
Whether it was u good vote or bad .
vote, he did not undertake to decide.
The presiding officer announced further,
that James Buchanan had 4 majority of
all the votes given, and tina. such ma.
iority was msjority of sll the electoral |
vote; and he declared, AS his duty re- |
quired him to do, that James Buchanan |
was thereby elected President of the
IT,;tad Statac