The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-01-01

committee TO JOIN sluiiar
one from the Senate, "to a. certain and re-
mort a method OF examining the votes tor
President and Vice President" thus
plainly asserting the right of the two
Houses to "examine" the electoral vote;
and precisely this same Phraseeiogy was
used, at every quadrennial period there
after, up TO and including the year 1865,
when JOINT committee, also charged to
ascertain and report method OF exam
inirg the votes for President and Vice
President" framed the famous twenty
second JOINT rule, which was adopted in
both Houses without objection or debate.
III. In 1893, the record states that the
Vice President "opened, read and deliver.
ed TO the tellers appointed for the pur-
pose the certificates of the electors" and
the tellers "having examined and ascer-
tanned the votes, pres ented list OF them
to the Vice President, which list he read
to the two houses" SO that the Vice
President did not assume to declare or
determine the vote himself
Ill. In 1897, the report says, ''the
certificates were by the Vice President
opened and delivered to the tellers ap-
pointed for the purpose, VINO having
examined and ascertsined tho number
of votes, presented list thereof to the
Vice President, which was read" sc.
Again no evidence that the Vice Presi-
dent thought he had any duty to per-
form except to open the certificates and
hand them to the tellers to "cxamin-'
on the part of the two houses.
". In 1901 the joint committee to
report method of examining the votes y
&C., failed to agree, and tharenpop, ii
might have been supposed that the Sen
ate would order the Vice President TO
open, determine and declare the vote;
but 1t did nothing of the kind. 1t re-
solved that 1t would ask the presence OF
the House at day and hour; would ask
it to appoint tellers 10 act with Senate
teller, and so on, and the Journal reads:
THE two Houses of Congress accord
inyly assembled in the Senate chamber,
and the certificates were by the Vice
President opened and delivered to the
tellers, who, having examined and ascer-
tanned the number of votes, presented a
list thereof to the Vice President, which
was read" sc.
v. In 1906, on the sssembin 6 of the
two houses, the Vice President, accord
ing to the language Of the journal, sta
ted "thst, pursuant to law, the'e had
been transmitted to HIM several pack.
cts, which, from the Endorsements upon
them, appeared to be the votes of the
electors of President and Vice Presi-
dent; that tho returRs forwarded By the
mail, IS we'll as the duplicates sent by
special messengers, had been received by
him in due time. You will now pro-
ceed, gentlemen, said he, TO count the
votes as the constitution and laws direct.
The Vice President thea proceeded TO
break the seals Of the respective returns.
handing each return and its accompany
ing duplicate, as the seals of each were
broken, to the tellers, through the Sec
retary, Mr.. 5. SMITH reading aloud the
returns and the atteststions OF the ap-
pointment of the electors, and Mr.. j..
CLAY ard Mr.. r. GRIswoLD comparing
them with the duplicate return lying be-
fore them" The journal then proceeds:
"After the returns had been all exam
ined, without any objections having been
made to receiving any OF the votes, Mr..
S. SMITH, on behalf Of the tellers, CON-
municated to the Vice President the fore
going result. which was read from the
chair"
vi. Before this, in January, 1900,
Mr.. Ross, IN the Senate, moved THAT n
comm ittee be appointed TO consider
whether any, and what provisions
ought to be made by law for deciding dis
puted elections of President and Vice
President of the United States, and for
determining the legality or illegal.y of
the votes given for those officers
in the different States The resolu
ton OF Mr.. Ross was sent to q CON-
mittee, which reported bill which was
debated at great length during the ses,
sion in both houses. variously amended
and finally failed because the House
would not agree to some of the Senate
amendments. But in all the debates, Sc
far as they have been preserved, no one
except Mr.. PINcKSEY and one or two
others expressed doubt that Congress
under lhe constitution, had full contro
over the matter, to legisla,e as 1t nigh
choose.
VII. In 1909, In the House, on the
question whether the President of th'
Senate or the Speaker of the Hous'
should preside in JOINT convention, Mr.
RANDOLPH urged that the Vice Presi
dent must preside, "beeauss II bad beer