The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-02-01
SENATE.

spoke in opposition to the bill lie ar
Cned that the power TO count the eIector.
sl cote was lodged in the President of
the Senate. Mr.. Sargent quoted at length
from the Madison papers, aud argued
that the clause Of the Constitution In re
card to counting the electoral votes as at
Srst agreed upon by the Constitutional
Convention read: "The President of the
Senate shall open the certificates, and
the votes shall then and there be count.
ed in the presence of the Senate and
House of Representatives " 1t was re,
ferred TO a committee on revision, and
subsequently reported to read: "The
President of the Senate shall, in the pres
ence of tie Senate and House of Repre-,
sentatves, open all the certificates, and
the vote shall then be counted"
Mr.. Hamlin, interrupting the Senator
from California, read return from Geor.
ola in 1901 and said there was no certifi
cate accompanying it, that the electors
met and balloted. The paper did not
conform to the Constitution. There was
nothing upon its face to show that the
votes we're cast for anybody, yet the rec
ord showed it was counted and no oblec'
tion was made How could it have been
counted save by decision of the person
in whose custody it was, Mr.. Jefferson,
who was then Presi lent of the Senate,
and presided over the joint convention.
Mr.. Edmunds said if the Senator
would read the contemporaneous history
of that event, he would see it stated that
Mr.. Jefferson opened that paper and
handed it down to the telIers, who exam.
ined it, entered the number of votes OF
Georgia, and passed it back to Jefferson,
who declared the State of Georgia had
given so many votes, and so | think
there was no objection-no debate
CONCLUSION OF SENATOR CoNKLGNG ssPEEcH.
He first presented petition numer'
ously signed by merchants and business
men in New York favoring the passage
of the pending bill. Laid on the table.
He said he would present to the SEN
ate were it not addressed to the Special
Committee, telegram received this
morning by him from Indiana, and sign
ed by thirty seven Republicans and three
Democrats. Among the signers he found
the name of Conrad Baker, once Cover
nor of the State; Leonidas Sexton, who
was Lieut.. Govern, r; Mr. Gordon, Re-
publican candidate for Attorney Gener-
Al in the late election, and General Har-
rison, who was late Republican candidate
for Governor, and carried the flag gal
lantly. He led the campaign disastrous
ly but dashingly.
Mr.. Conkling then handed the tee-
gram over to Mr. Morton amid laughter
in the galleries.
Mr. Conkling then resumed his speech
commenced yesterday, and after briefly
reviewing his points made, then argued
that in no instance had the President of
the Senate attemp pied to do anything in
presiding over the joint convention to
count the electoral vote except by COM
mand of the 'wo houses. He then re-
ferred to the return from Georgia prOdu-
ced by Mr.. Hamlin, and said the great
Jefferson never silently or secretly indu-
ced telers to count any vote which he
did not believe to be right. During the
whole history of our Government until
the adoption of the twenty-second joint
rule, the two houses had always prear-
ranged the whole process of counting
the vote He then referred to the diff
cuIties attending the Presidential contest
in 1900, and said not only men in both
houses of Congress, but leaders ofthought
all over the country had their attention
riveted upon the subject Of managing
lust such questions as some of those now
awaiting solution. He quoted from the
bill then discussed prescribing the mode
of deciding the disputed elections in the
Offices of President and Vice President,
and said in the House of Representatives
the debate was led and the bill managed
by John Marshall, just one year before
he occupied that higl judgment seat
whence over the whole world he became
renowned. 1t was he who lrgued as to
the necessity of some salutary mode Tor
the settlement of questions like those of
to-day. The Senator from Ohio (Sher-
mani Yesterday enormously stated that
the pending bill provided for secret ses-
sions of the Commission. This bill did
not do so, but the bill of 1900 did so pro-
vide, but for taking up the time of the
Senate he would try to show the Senator
from California (Sargent) that our fore
fathers thought impartiallty was gained
by Counterpoising against each other ad-
verse bias. Nothing in the bill of 1900
for moment hinted at the idea that the
two houses of Congress did not have the
power to count the electoral vote; that
the Vice President ever had any author
ity further than to open certificates was
never hinted in debate. Our fOrefathers
did provide that the President of The
Senate should not direct for himself the
order in which he would take up and
open the certificates.
He next referred to the legislation of
1924, al d said it was asserted there by a
unity of voices that the law of the Re-
public had reposed in the two houses of
Congress the duty of ConstitutiOnally,
lawfully and peacefully declaring the re-
suit of an election. The two houses of
Congress, and they alone, must deter
mine whether vote was good, bad or
Indifferent He next referred to the 22d
Joint rule agreed upon in 1865, and said
it was adopted when the rebellion stood
goIy, and with uplifted hands striking
at the vitals of the Republic. Many acts
might be proper though not complete
In such an event, he never believed the
Constitution was violated, because the
Government asserted it had right to be.
The twenty-secon2 Joint rule had gone
and he rejoiced that it had, but the ar,
gument remained, like the BBnquos
ghost, it would not down. The power to
count the vote was by the Constitution
vested in the President of the Senate
The twenty y-second joint rule and every
other rule on thesubject had been bold
usurpation.
He referred to Morton's bill in regard
to counting the electoral vote, which
passed the Senate at the last session, and
said there we're only three Republicans
who voted against it, namely, the Sena-
tor from Vermont (Edmunds), the Sena'
tor from Wisconsin lHowe), and him-
SELF tha' the bill would have deposited
With the House of Representatives absO.
Lutte power to settle this election. 1t pas
sed the Senate, and was held up in mo