The daily gazette., 1877-01-25
OF THE CLAIMS OF
THE PRESIDENT OF THE
SENATE.

In a speech delivered ON Saturday,
Jan, 20, Senator Edmunds of Vermont
denounced the claims of the President
OF the Senate to count the electoral vote
In the following language:
Now | shall consider for a few minutes
the pretension, and do not use that
term to offend anybody, but as a short
one, the pretension that this great and
most responsible power is deveIved upon
whoever occupies the chair that you have
so happily and honorably filled for so
long time, L dare say we could all agree
that, if the Constitution has reposed this
deciding power in that chair, we could
not wish for o better judge to fill the
place; but # 1t has not Teposed it in the
ter how eminent OF how learned the
gentleman may be who fills it, no matter
how completely he may command the
respect and confidence of all the people
of the United States, of all parties, it
would be equally an invasion of the best
rights of constitutional government if he
were to exercise it. The Constitution de-
.clares that the electors of the several
States who are recognized as officers
unctionaries-just as clearly and with
just as great importance as it does yours
or ours, ''shall seal up and certify and
transmit to the seat of the Government
OF the United States, directed to- the
President of the Senate, the certificates
of the votes which have been given for
President" Than it declares that the
President of the Senate shall, in the pre-
sence of the Senate and House of Repre-
sentatiyes, open all the certificates and
the votes shall then counted. You will
perceive, Mr.. President, that if the
makers of this Constitution had designed
to repose in the President of the Senate
the power to decide what was vote and
to determine its disposition, as they had
taken pains in every other part of the
Constitution in the clearest language to
say what the Senate might and might
not do, what its powers should be, and
those of the House OF Representative
as they had taken pains in the clearest
way and with the minutest carefulness of
language to say what powers the PreSi-
dent of the United State should exercise
and what powers should not be exercised
by any authority; and when, in respect
of the judicial branch, they had also with
the same industrious diligence in confer
ring delegated powers, carefully enumera-
ted every power of the judiciary, how
unfortunate it was had they designed to
confer that power upon that chair
thatt they had not used the two
words that would have enabled them
to say so. 1t wou Id have saved
vast deal of dispute, and we can scarcely
ImaSlne IL possible JnaJ DOuy Oh men
who in every respect had been so critical
ly exact in the devolution of the func-
tions and powers of this governments
should have remained by mere accident
so silent upon, perhaps the most impor-
tant part for the perpetuity of the Re
public in peace of any one of the powers
that the Constitution created or bestow-
ed. 1 say, sir, that it staggers human
credulity-that if tnat body of men had
designed to turn the President of the
Senate into a judge in the most critical
of all cases for the wellbeing of the Re
public, and in case where 1t was fore
seen, and even known, that he himself
would be at first and perhaps often after
wards, as it happened the very man who
was to profit or to lose by his decision.
1t staggers human credulity that if they
had intended to repose such decided
power in that chair they should not have
said so. But after all we must be COVER
ned by what the Constitution does.