The daily Argus. (Rock Island, Ill.) 1873-1877, 1877-01-08
Monday. January s. 1877.
THE ELECTORAL COUNT.
Continued
OPINIONS OF MEMBERS OF CONG
RESS.
THE TWO HOUSES COUNT.

that the two houses may meet together IN
Joint convention and count the votes.
Mr.. Edmunds-It does not say that,
Mr.. Sherman-It does practically. FEB
Tudry 25, 1875.
Senator Boutwell, Of Massachusetts.
Almost always, think, when the subject
has been discussed, the question has been
presented whether Congress is to count the
votes land by Congress | mean the two hous-
es met in convention, according to the terms
of the Constitution. Our best answer to
that is the fact that, from the first conven-
ton that assembled until the last, the t,G0
houses IN convention dlt0dyS dld count me
VoteS. A teller was appointed by the Sem
ate, two tellers by the House. The votes,
or certificates or returns, whatever they
are called, were handed by the Vice-Presl-
dent, after he had opened them, to the
telIers. The telLerS were the organs, the
Instruments, the hands of the respective
houses The votes were counted by the |
teers, and, being counted by the teDers, |
they lCere counted by the two houses; and
therefore, there ReUer has been any differ
ence of practice, and no different practice
could have arisen under the Constitution.
The two houses in convention have from
the first until now counted the UOteS.
| agree entirely with the suggestion
made by the honorable Chairman of the
committee in regard to the power to count
the votes and the duty to count the votes
The power was conferred upon Congress
and the duty was enjoined upon Congress.
The power and duty are in Congress.
Congress must exercise the pOa0er and per-
form the dRty, and it is not possible under
the Constitution to transfer it, If
that be so, then the suggestion of the
Senators from Virginia and Texas, is
answered, whether some device may not be
resorted to by which there can be an
arbitration and judgement when a case
shall arise such as IS provided for in the
second action Of the bill. There can be
under the Constitution no tribunal to
decide that or any other question arising
In the course of counting the votes; the
duty is imposed upon the two houses OF
Congress. They alone can perform it,and
they have not the power to transfer its
performance to anybody else. Whether
this power is there for veal or for woe,
there it is; and until the Constitution is
altered, there it must remain.-Mdrch Is
1876.
Senator Norton, Of IndtdnG-We could,
without doing any great violence to the
Constitution, adopt either of these con-
structioGs. Each is possible under the
language. The Constitution says:
The President of the Senate shall in the presence
OF the Senate and House of Representatives open
ali the certificates, and the votes shall then be
counted.
1t does not say who shall count them; it
leaves it open to inference that they
shall be counted by the two houses on the
one hand or by the Presden; of the Senate
on the other. | will assume, for the sake
of the argument, that you can give to it
either construction. | will assume that it
is open to both views. Then the question
comes which is the better, which is the
safer of the two; to adopt that construction
which gives this great power to one man,
the President of the Senate, who may be
counting the votes for himself as it has
turned out six times in our history; or
would It be safer to leave it to the determi-
nation OF the two houses of Congress, rep
resenting the States and the people? Ii
we are open to adopt either one of these
constructions, say the latter is the safer
it is the more reasonable; it is in conformity
with the spirit of our Government and of
popular institutions I then ad0pt the
latter cOHStT7tctiOn-Hdrch l6,lS76
Senator Ddl1eS Of Massachusetts i
think that the Constitution means that
they shall be counted by the two houses
March 20, 1876.
THE TWO HOUSES COUNT UNDER THE CON
sTITUTIoN.
Senator Thurman, Of Ohio.-Who is
there.who can say that the Constitution de-
clares in express terms who shall count the
votes? When it simply says, land the
votes shall then be counted and says
nothing more, who is there who can say
that the Constitution in express terms
declares that the President of the Senate
shall count the votes, or that it declares
by whom the votes shall bC
counted? Manifestly there is no declara
ton on that subject. MaDifestly it is no
declared by whom the votes shall b.
counted. What is the consequence
These votes are to be counted, for the,
concern the election of the Chief Magistrate
and the VicePresident of the republic
The power TO count them is a power con
ferred upon the Government or SOM
department or Office of the republic. II
then, there is no declaration by whom the
shall be counted, | ask any lawyer il
the Senate is there any alterna
tive but to say that the law-making powe
shall Sdecare by whom they shall b
counted? | ask any lawyer to say if
does not come within the express word
vi NllG ldoI Clducb vi bbbllOu . III dEllCi
/, defining the powers of Congress-
To make all laws which shall be necessary an
proper for carrying into execution the foregoin
powers, and ali other powers vested by th
Constitution in the Government of the Unite
states or any department or officer, thereof?
And, without that clause in the Cor
stitution, does not every one know ' that c
necessity where power is conferred upo
q government or any department of
government by a written constitution an
the mode of exercising that power is nc
prescribed, that mode is to be prescribe
by hthe law-making power2 Withou
that express provision in the Constitution
how could it be doubted that the Law
making power is to supply the mode {
ascertaining the popular will?-Murch q
1876
Senator Logan. Of Illinois. It'll
President of the Senate shall, in tn
presence Of the Senate and House of re,
resentatives, open ali the certificates, an
the votes shall then be counted" VIII,
is the Obvious meaning of that particuls
part OF the Constitution 1t IS that n
ttoo houses Of Congress are to count II
Uotes for President and Vice President tf
same as the two houses of Congress pa.
laws. The business of making laws is
the first instance referred to committe,
Tor the purpose of taking it out of ii
hands OF the members of congress, thi
the bills may be prepared and put in