The daily Argus. (Rock Island, Ill.) 1873-1877, 1877-01-05
Friday. January 8. 1877.
JUDGE TRUMBULL'S SPEECH.
(Concluded,)

| have endeavored to give you as full
and fair a history of the late election in
Louisiana as time will permit. The result
of my observations and knowledge Of the
law and the fact is, that
TILDEN CARRIED THE sTATEl
of Louisiana as fairly and by larger pro-
portioaal majority than Hayes carried
either Pennsylvania, Ohio, or Illinois
Such being the fact, and the certificates
of election having been gwen to the Hayes
electors fraudulently, arbitrarily, and with
out warrant of law, and in pursuance, if
you please, OF conspiracy formed at
Washington just after the election, as part
of which an order was issued to the army
before any of the returning boards had
assembled, or anybody threatened them,
ito see that they are unmolested in the
performance of their duties, the question
may be asked
WHAT ARE YOU GOING TO DO ABOUT TT?
This question, for one, l propose to
answer tonight. | recognize fully the
right of each state to appoint electors of
president and vice president in such man
ner as the legislature thereof shall direct
duu lHdJ TIC Oul1 lbuulitCS W DC maui
after the electoral votes are cast are, Were
they cast in the manner required by the
constitution, and by duly qualified persons,
who had been appointed in the manner d.
rected by the legislature of the state?
Who is to make these inquiries? is
question now agitating the country; but it
seems to me it is settled by the terms of
the constitution and the uniform practice
under it from the beginning. The Ian
guage of the constitution is: THE presi,
dent of the senate SHALL in the presence of
the senate sand house of representatives,
open all the certificates, and the votes
shall then be counted" The trainers of
the constitution were careful and precise
in the use of language and used no more
words than were necessary to express
their meaning. BY giving due considera.
ton to the words 'alP' and then" in the
phrase quoted some light may perhaps be
thrown upon itslmeaning. 1t is plainly the
duty of the president of the senate to open
all the certificates from all the states, be-
fore any of them are counted by anybody.
1t would have been very easy for the fram-
ers of the constitution to have said that
the president of the senate shall open the
certificates and count the votes, if such
all the certificates to be laid before the
senate and house of representatives before
the count begins, it would seem to follow
that they were to make it.
But if there were doubt as 20 the mean
ing of the constitution, it would be settled
by the practice under it from the beginning.
The mode of proceeding at the first election
in 1889, and before the government was
organized under the constitution, cannot,
of course, afford a precedent for action
after the government went to operation
When the election for the first president
took place there was no president of the
senate nor senate or house of representa-
tives in existense, A number of persons
who had been chosen senators assembled
April g. 1889, aud appointed one of thei
number president for the purpose of open
inc aud counting the votes for president
and at the same time passed an order t
inform the house Of representatives tina
the senate is now ready in the senat,
chamber to proceed in the presence Of tn
house to discharge that duty thereby as
Stunning that the president they had ap
pointed was merely their instrument t.
make the count. The senators were no
then sworn into office, nor was the oatI
administered 10 them till Jan. following
At Washington's second election in 1893
the very first election which took plac
after the government went into operation
under the constitution. the house passed
resolution, which was concurred in by tn
senate, to appoint a committee to join sue
committee as might be appointed by tn
senate TO ascertain and report
A MODE OF EXAMINING THE VOTES.
for president and vice president. TIL
committees were appointed and reported
mode for canvassing the vote, which ha
been substantially followed ever since
Here was direct assertion Of the power
congress over the counting of the eleotor,
vote, which has never been departed from
In 1865, to avoid the necessity of raising
Joint committee at each recurring pres
dental election to devise mode of cOun
ing the vote, and to provide a mode
disposing of contests over electoral vote
what is known as the 22d joint rule wa
adopted. The authorship of that rule hG
sometimes been attributed to me, land as
believe it to be in strict harmony wit
the constitution. and that if adhered to
would peaceably settle the complication
growing out of the recent election, shou
feel proud of the distinction if entitled
it, That rule was the production of
Joint committee appointed according to Il
practice of congress from 1898, to asce
tain and report a mode OF examining Il
votes for president and vice presiden
The committee which reported the 22n
joint rule was appointed in January, 1876
and consisted OF
TRUMBULL, CoNNERs AND WRIGHT,
on the part Of the senate, and of Steyen
Elihu b. Washburn, Mallory, Henry Wi
ter Davis, and Cox, on the part Of Il
house. The Joint rule was considered /
unanimous consent, aud agreed to by bot
houses Feb. 6, 1868, and the electOr
votes cast in 1864, 1868, and 1872 WEI
counted in pursuance of that rule, whiC
was considered in force without beiu
re-euacted and without objection, excel
so far as the joint rule was modified by
concurrent resolution offered by Mr.. K,
munds, and adopted in both houses Fe
ruary, 1869, in regard to the electOr
vote of the state Of Georgia. Mr. Et
munds's resolution, which asserted the po'
err of congress over the national vote, an
disposed of that of GeOgia, was voted f
in the senate by Edmunds, Anthony, Car
eron, Conkling, Frelinghuysen, Morrill,
Maine, Morrill, of Vermont, Sherman, ar
most Of the leading men now IN IL
senate.
The present senate at its last sessiC
passed bill which was voted tor by NJ
Ferry, its president, and nearly every +
publican senator present ut the tim
which bill asserts the plenary power of Il
two houses over the count of the votes f