The daily Argus. (Rock Island, Ill.) 1873-1877, 1877-01-08

these Offices. Y 1.-THE votes having
been counted
Mr.. Merrimon-By whom?
Mr.. Logan-By whom? By the t1oo
houses Of Congress, as the Constitution con-
ten,pLates, through those whom they have
designated for that purpose. February
rs, 1875.
Senator Lyman TrumbuU, of Illinois,
The language of the Constitution, as the
Senator from Ohio remarked, is perhaps
not very specific. 1t is that the votes are
to be opened by the presiding officer of
the Senate, and they shall then be counted,
By whom? The Constitution does not
say; but we have q construction Of the
Constitution from the Foundation Of the
| Government. The very first time that
| President was elected, when many OF the
men who had framed the Constitution OF
the United States held seats in Congress,
they appointed tellers; they UirtudEtg took
charge of this counting; and from that day
| till now the cote has been counted Under the
direction of the teoo houses Of Congress.
| Mr.. Morton-From what time?
Mr.. Trumbull-From the beginning OF
the Government to the two branches OF
Congress have passed resolutions in regard
TO this counting of the vote January I,
1878.
Senator T. T. FrelsnghuySen, of Neeo
.JerSeu- would recall the language of the
Constitution to my friend.
The President of sthe Senate shall, in the pres
ence of the Senate and House of Representatives,
open all the certificates
Mr.. Conkling-"And the votes shall
then be counted"
Mr. Neutrality-suspicious. the votes
shall then be counted" understand that
that counting IS really done under the
supervision aud an fact By the too houses.
| think the bill is good deal better leav-
ing it as the Constitution leaves it, without
saying being counted by the tellers."
But they are not to be counted by
the tellers under anybody's supervision;
they are to be counted by the two houses
of Congress, and this bill has gone as far
as it can 90 in defining the duties of these
tellers when it has.proYided that they shall
make list of the votes. That is the min
isterial duty they perform, and the count
ing must be left to the two houses. X
| think the twelfth article of the amend
ment to the Constitution settles who has
| jurisdiction over this question. 1t does
not do so in express terms, but it does SC
| W necessary tHtpttCCtCAOH. II says IHdl
the President of the Senate is to open the
certificates and the votes, which are then
to be counted in the presence of the two
houses That by necessary implication tc
my mind giveS the jurisdiction ove'
thtS subject to the taoo houses; and if the
Constitution does give it to them. we can
not by law give it to the Judiciary of the
country. The votes having beer
counted, Of course, blythe two houses. -
February, %, 1875.
Senator John 4. Logan, Of Illinois. -
The mere addition of the number of votes
done merely as a clerical duty by these
persons, certainly is subject to the super
vision OF Sthe two houses of Congress, thu
same as, for instance, in many States
where the State Constitution refers thu
counting of the votes for Governor to th'
House of Representatives and the Senate
of the State. They are to count the UOte
that is the language of several of the Stat,
constitutions; but the vote is never &C
tually counted by the Legislature; 1t i
counted in their presence by the secretar,
or clerks, as may be. But the meaning 0
1t evidently IS that they count the cote. Tn
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