The state journal., 1877-01-26
MORTON ON THE SITUATION.


in regard to counting the electoral VOTE
Mr.. Morton took the floor. He SAID
the bill was the product OF the Mississippi
plan. The shadow hot intimidation had
entered the Senate chamber. FIe believed
Rutherford b. Bayes had been elected
President OF the United States under forms
OF law and according to law, and should
be counted in as eighteen other Presidents
had been, and inauguratod. There would
be no revolution. There have been many
loose opinions expressed because of first
impressions, without examination, on this
question. had supposed that all agreed,
in the absence ot leg islation. that the
PRESIDENT OF the Senate must count the
vote. The President of the Senate did
count the vote Tor seventy-two years. Tel
lers were mere facilities for making cal
culations and keeping accounts They
counted what the President OF the Senate
hands down to them to count and hand
ing them down the certificates TO count
was declaration OF the vote it contained.
From 1889 to 1861 the resolutions appoint
ing tellers provided that they. were 10
make a list OF the votes as they were
declared. The coupling Of the votes was
ceremony, TO which the two houses were
the President OF the Seuate shall, in the
presence OF both houses. open all certifi-
Gates and votes. there 10 be counted, and
II 10, one candidate has majority of all
the electorals appointed. the House shall
Immediately proceed to elect. The pro-
cess contemplated was very simply one
simply to open the certificates and count
the votes. but there was contemplated no
time or place to try questions of eligibility,
either OF candidates or electors. Whether
the electors were eligible was a matter
lett with the States, under an Injunction
of the constitution. The handing down
of certificates by the President of The Sen =,
ate was a declaration OF the vote contain
ed in it. Very few Republicans respect
Ibis bill. 1t will be taken by the Repubi-
cans, ii taken at all. as u dose OF castor
oil. Senator Edmunds burned his ship
behind the bill when he denied the power
OF the President OF the Senate to count the
votes IN the absence OF legislation. lie
thus seemed to make IL necessary to ac-
cept this bill. 1t has beer announced by
member OF Congress that one hundred
thousand men were to be here on the 14th
OF February; ten thousand to come from
Kentucky alone. hope our Kentucky
Senators will make arrangements to en-
tertain them handsomely. We hear notes
OF preparation everywhere. Senators are
afraid OF violence or OF some desperate
revolutionary act. ....
We are told we dare nOt count this vote
rs 1t was done tor the first seventy-two
years OF our political existence. l cannot
describe the dangerous TO which we are
subject. They 90 not spring from yio-
lence but from weakness ON our part.
Inc power to count the vote resides in
the President OF the Senate or In the two
houses. II the office resides in the two
houses it candot be delegated to com.
mission or Il court. The mere matter OF
counting The votes is clerical and NAV be
performed by tellers. If any questions
arises that requires judgment or discre-
ton 1t cannot be delegated to commits
sion. The decision of the conference
committee Is building only upon being
ratifed by both houses. Nut the decisions
OF this commission are binding unless le-
Vlsed by the action of both houses 1t is
IN every respect Il court invested with
high judicial powers to decide questions of
law as well rs facts, with right OF appeal
not to another court. ont to the two hous-
es OF Congress. The power to count the
electoral vote is either a Political or a
judicial power. If it is a political power
it must be decided by political depart.
ment OF the Government, and cannot be
delegated to court. III it is a judicial
power it must be decided by court and
not by political department of the Gov
ernment, and an appeal must be taken to
another court and not to the two Houses
OF Congress, for Judges of the Supreme
courts are selected by Circuits. and Cir
cults are selected because OF the political
antecedents of Judges. The Senator from
Vermont does not do his half justice when
he represents that these Judges have been
selected because OF their geographical dis
tribution, and the bill, in selecting them
by circuits instead OF by names, sets up a
harmless little sham that deceived nobody.
There Is no power to go behind the
returns OF an election OF electors certified
to by the proper returning or canvassing
onc3rs OF State. Slate courts cannot
DO 1t, nor can Congress nor United States
courts. The electors are to be appointed
IN such manner, as the Legislatures of
the States prescribe, and when the ap-
polntment has been certified in the man
ner prescribed by the Legislatures of the
States, that is final and binding on ali
f. parties. and this without regard to the
question whether the votes are to be count
cd by the president of the Senate or by the
two houses. For Congress or this com
mission to go behind the decision of the
returning officers of the States. would be
utterly subversive ot States rights
N1.l rl.,A-