The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-01-24

r. VI SO W ~ Iitct0tAt VI III
scnate must count ihs votes.
The president of tue senate did count tn
vote for seventy-two yeas. The teller
were mere facilities for miking the cs,cu
lutions and Keeping tic accounts. The
counted what The president Of the senat,
| handed them down to count, and the baad
| ing them down tho o%eriiflc ltcs TO coun
was the decla'a ion cf The vo'e 1t contain
cd. From 1889 To 1861 the resolutions sp
| pointing tellers provided that they were 4
| make "a list of the votes Us they were dc
clatcd.
The counting of the votes was o ccrc
mony to which the two houses were wit
nesses. The constitution provides that TN
president of the senate shall, In the pres
cnce Of the two houses, open all the ceitiil
Gates, and the vote shall then he counted.
and il no one candidate has a majority. o.
all the electors appoisttd, the bouse shai
nm sdiatcly proceed to elect. Inc pro-
cess thus contemplated was a very slmpit
one-simnly 10 open the certificates aho
cam, the votes, but contemplated no time
ar nlace To try questions OF eligibility either
~ The candidates or Of the electors. Whcih-
cr the electors were eligible was a matter
lef, with the ttates under the in1uaction oil
the constitution. ~. n H..
Tbe handing down OF the certificate by
the pic sidcnt Of the senate was d,clafs-
tion of the vote contained ~ u. very
s.v republicans respect THIS bill. Ii viii
tc ,ak.n nv r.publica,s, IL taken ct all, rs
a dnse of castor oil. Senator Eimunds
hnrucd his ships behind HIM when he de-
ni,d the power If the pr, sdent OF the SEN
ale 10 C ,unt the vote IN the absence oil leg
;.ls,iop. He thus seemd to make II q me-
cessiry to accept this bill. 1t has teen an
n,uncei by a member vi coirress that
100 (OD men we C to be here on the Ia n oil
E.bruaiy, 10 U0O to come from kcniutky
alone. / hope Il K.ntncky major WI
arranI enen,s to ettcriain the n hand
We hear notes Of rr,I aratiDn
very wherc. This bill il n product Of the
plan. The dNk shadow of in
timidatiOn has fallen upon this chamber.
Senators ore afraid OF violence. OF some
de- peiatc revolutionary act. We are told
We dare not cpuit this vote ~ 1t was
lone for the first +, ventS tgo years Of our
existence. ! feel ihlt | am in The presence
IL a political ri ui,i0n wiicl ] cannot des-
riibe. Tic dangers to which &C are sub
iect do not spring from violence, hut from
weak on our own part. GcOlOgists
e US there were skull les v~eItebratcs
Now we have got TO the period when there
are vtricbratelcss tkulis. The power to
c ut the votes resides IN the president of
he sc1a,c, or in the Two houscs. III 1t re-
sides ia the houses it c.unot be delegated
a commission or to Il urt. The mere
OF counting ve;cs IL clerical and
may be performed by a el'er. III any
uues,ior arises that rtquius judgment or
discretion it cinnos be delegated to u COM
The decision OF a conference
commit tee is binding OILY upon being raii-
fed by both houses. bui he decisions OF
he commission are binding unless reversed
v The action of both houses. Ii is in every
respect q C ,urt invested wi h high Judicial
to decide questions Of Law,
70 well rs fact, VITA a right of APP
neal MOI. t. an.thsr cOuri, lut TO the
80 hnue,s OF congress. The power
TO count the electoral vote is either
, pnlitica, or judicial power. 1t il is .
Al power il must be decided by the
political department Of the governmental d
,annot be delegated TO a court. If It is u
power il mrst be exercised ny a
court, and not by tie political department
the govern meat, aud an appeal must he
nsde to another corri. ani n"t to the two
houses OF congress. Four judges of the
iupren,e court are selected by circuits, ard
he circuits are selected because of the po-
itical a~ntecedenis OF the judges. the SEN
.or from Vermont does not do him elf
when h. represents that these
Judges have bet n selected bCcause of their
Geographical distribution, and the bill 10
elec;ing th,m by circuits instead Of by
sets up u hirmlts, little slam that
nobU,y. Trcrc is no power to &c
,ehind The returns Of the election OF tlect-
RS as certified by the proper rc,ul ming
n canvassing officers Of The state. State
cannot DO IL, nor can congress-, nor
he United States courts. The electors are
o be appointed in such manner a. the leg
of the .tates pic-cribe, and when
heir appointment has lctn certified in the
nanrer prescribed hy thc legislatures Of the
a,es, tia. is Ensl and binding upon all
,arties and this without regard 10 the
IlestiOn whether the votes Gye TO be count
by the president of the senate or by tie
wo houses. For congress or his commits
ion to 90 behind the decision Of the Ie-
mning officers OF the It tte would be revo-
u,ion, utterly eubvc!,ivc df state rights
I'd would draw 10 congiess tire power thst
ras intended to BE- lett TO the sat s. Ii
rould transfer t. congress the right to de- |
idc who have been elected by the states To- |
Oh itaNi'S thit W inc btdttS titIl- |
AS well might congress assume 10
leterminc who have been elected governor
nd other state C~fllcers.
The bill is a compromise, in which the
epublisa an party HIS yielded The vital point
nd will take q place alongside with the
compromises Of 1850 and 1890. by the
Of ls2O all the territory south
{ 80 degrees 80 minutes, was yielded to
and i. was repealed when slavery
eedcd the territory north of that line. by
ne compromise Of 1850 the south received
he immediate benefit in the passage Of the
ugitiyc slave law, which gave it a pre-. tige
nd power that made II n pire to a colqlts;
t the whole county. Compromise meas
les generally succeed tor the time and re-
uit disastiously. Tie vial TART OF the
i'll and the most OF jeciionsble is ttat
mich coniers j%arisdicuun on this connie
ion. Tiny aye invested with all the
overs wli-h btlopg t. bo'h houses or to
ach house acting separately.
They are instructed TO fnl out who have
cen duly appointed or elected as electors,
u who have been properly certified TO by
DC state authorities AS h .vlng been elected, |
Ut VINO have, IN point OF fac. been elect
and are thus r,qiiied expressly to 60
cbind the returns from the stet. they are
ulhoiized 10 receive ind conslccr petit
Ions, psti,iDns, dep siii)ns, otter
apers, and, in fact, all papsTs, aud TO act
pan them, for they have he same power
} &C. upon petitions, reports and any kinds
( papers that both housts If congnss
ave aud The two houses Of c,ngicss have,
We know, the power TO act upon tle in
of pet,,i0A. and lcporls or any
ind Of evidence that saii fies the minds Of
. members. Ii the pei iors. dispositions
nd reports are not 10 be made the basis Of
the rciersnce Ia useless. Peti-
ons and reports are authorized by the con-
ard laws, ard congress, as we
now, may act upoa them, and thls COM
10 clothed with the Fame authority.
ic stand in the presence Of q ctse taat is
sde up. This bill purporls TO be for
nc case, and q fiers from a proportion
hich 3 TO be a continuing law aud not made
the iIes, C of "a arr Gu ar Gaze. 1t Is
aimed that TIE C, mmission IS lett free To
eide whether it can go behind the finding
the state authorities or not. 1t is DOT
n .xnrs sally HQuiTe3 lie COmmi sion