The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-02-06

make Il as intolerable, will defeat Il h,
the nature Of their interest In an oct q
this character and particular transae
tlon-Judges till the government OF III,
Judges will have superseded the sover
eighty OF the people, and there will b
no cure, no resort but that which tn
children OF Israel had TO pray for a king
CHARLES o'coNNoR.
Charles O'Connor followed Mr.. Evarts
Mr.. President and Gcatltmen of The Com
mission: In reference 10 the question
what elements Of inquiry are within
reach Of this Commission? the counsel OF
the other side stand in direct conflict, ant
the issue formed between us il this: W.
maintain, as representing what are called
the Tilden electors, that this tribunal has
full authority TO investigate by all Judi.
cial and legal means the very facts and
thereby TO ascertain what was the vote OF
Florida. On the other hand il is claimed
that this learned Commission is re-
striCted merely TO the determination oI
what may be the just inference from
the documents returned by the Presi-
dent ot the Senate from Florida, mainly
reposing themselves, however, on the
proposition that they are IN office de jdcio,
without right, but only the color Of it.
The advocates Of the Hayes electors
claim that inasmuch as these individuals
cast their vote when possessed OF some
document which gave 10 them the color
OF a claim and OF right 10 that office
and TO the performance OF that duty, the
fact that they acted on this color and did
cast, OF their own motion, Of their own
personal will, through their own right OF
selection, the votes that are sent here US
the votes Of Florida, completely precludes
all inquiry, and that it is impossible for
any earthly tribunal or any individual
to investigate inIO or in any way de.
termine the invalidily Of their claim.
This issue thus, us | trust, not too mar
rowly stated, gives rise to the question,
what are the powers OF this commission?
Those powers are distinctly and fully
and briefly expressed in this admirable
document, the electoral bill-destined to
be immortal TO the honor Of those con-
cerned in its preparation-to pass into
history with your act. They are express
ed in lines IS and 70 Of the House bill,
the same powers, il any now possessed,
by the two houses, acting separately or
together. You have thus, and this is the
test of all the powers OF those two houses
which could possibly exist under the law
as fixed in the Constitution and in the
preexisting statutes for the purpose OF
your determination, and this brings us TO
the question OF what powers are possess
ed by the two houses, separately or to-
gether, in dealing with the whole OF this
question, touching the election as it
arises on facts which exist, or which may
exist and may be proven. Mr.. .O'Conor
declared that no power OF any descrip-
tion deserving the name OF power to in
vestigate and decide resides in the Presi-
dent OF the Senate, and it is most mani
fest that he has none but the mercst
clerical powers nor any ability to do
anything except to open the packages,
but when we come 10 the prescription
that there shall be a count we are not
told that there shall be a count Of all
the certificates or Of anything in the GER
titicates, but that there shall be count
OF the votes. This we humbly ly submit intro
duces an Implication that by some power,
by somebody from this mass produced
and physically laid before the Houses,
there will be any investigation
which the nature OF the case may seem
to require, in order to determine what
are the votes; that there is preliminary
inquiry, and whether You denomlnatc it
judicial, ministerial or executive; that il
is TO be an inquiry and the power to in
stitute or carry on an inquiry Is neither
granted in terms nor provided with any
possible means OF exercise 30 far as the
President OF the Senate is concerned, and
it is left to implication that it is to
be exercised by those who may have oc.
casion TO act officially oil the result. Now
who are they who are TO act officially by
the terms OF the Constitution, and in
performance OF the duty Of the count Of
these votes The Constitution is plain.
The votes, meaning OF course the legal
votes are to be counted the count is the
merest Of ministerial ceremonies in itself
but asCertainment Of what votes there
presented, as claimants to the power Of
being recognized in the selection of the
President and Vice President, necessari.
ly devolyes on that body or function,
which is the obliged act Of that which il
produced as the result by the count.
Now unQuestionably the first and pri.
mary duty Of each Of the Houses, If
there is plain count showing the elec.
ton OF n person to the Presidency and Of
another person TO tile Vice Presidency,
is TO recognize that the coordinate de.
partment OF the Government, the ex-
eCntive, and all the world may count,
and not mortal man can doubt about
the count, but the world il not
called on TO act in relation to the count
until that count had been recognized by
somebody, and officially recognized, and
it is the duty OF the House of Represent.
atives at that point Of time TO determine
whether an exigenCy has arisen which
renders it its duty 10 recognize person
as President by force OF majority OF lc-
gal votes, or whether there has been u
failure to elect by reason OF tie, and in
that event, il it oCcurs,the House OF Rep.
resentatives is bound at once TO act'and
elect the President. The same observa.
tion appears TO the Senate in reference
to the Vice Presidency, and on
that subject the Senate ia called upon in
like manner 10 recognize the fact Of an
election to allow it, admit and accept it as
a fact or to deny it, and 10 say that it is
not so, and then itself TO proceed to elect
u Vice President. ! attach no import
ancc to the word count, but | attach i'm.
portancc from the very nature Of the
thing from the law wrought into the con.
stitution OF human beings and Of human
events, 10 the fact that those who have to
act officially are persons who must do
whatever may be needed for the purpose
Of enabling them TO count and TO act in
one direction or the other as the case may
require. In conformity with the count
founded upon their preliminary investi.
cations, so far as any Investigation may be
necessary, no man or nobody Is authoriz.
ell to make or to declare the count, unless
it be these two bodies respectively. Now
it is to be noticed that each OF these bodies
has complete power Of investigation ade.
quate to the power to take proofs through
committees or otherwise on any matter
on which it may be obliged 10 pass, and
either before or after the opening Of the
electoral votes they can investigate,
though not with the lormalitics OF itry