The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1877-02-14

take 10 cognIZ1uce OF political que'
2 tons. that these belonged to another tn
bon Il and must be determined in anoth
: er forum. Yet Congress is seeking b.
this bill to force such an issus upon tn
i iu Iges Of that court. / shall pursu
this thought no farther.
But, Mr. Speaker, | beg leave to de
: tain the House few minutes longer upol
another point. Much speculation an,
argument has been INDUCED in as to tn
relItive powers and duties Of the Presi
dent OF the Senate in the count Of th'
electoral vote.
In order to the better understanding
If this subject, it may be we'll 10 refeI
to the Constitution rs to his general poao
ers, aud ascertain if they are 50 extra
ordinary as to favor the idea that he may
assume others not granted expressly OF
iinpiedly in the Constitution, article l,
section 3 1.-The Vice President of the
United States shall be the President OF
the Senate, but shall have no vote, unles,
they be equally divided. This is the
first mention made of him or his duties.
Agiin he is mentioned in article 2, see
ton l, as follows:
Ia case OF the removal of the President
/ II. oil e, or Of his death, resignation. or
/ inahiiT} 10 discharge the powers sud duties
uf til said Office, the sIme shall deVolFe on
/ the ice President.
/ From these general powers it will be
| seen that his functions are exceedingly
| limited. He is to preside over the Senate,
simply enforcing the Senate's rules, with
mouth as silent as a sepui cher, unless IN
cases Of tie vote, when the seal of 81
lerce is broken and he may cast the de
Gliding vote. Here his powers end under
this clause, and again the seal Of silence
is placed upon his lips. Under the lat
ter clause he is to act as President in the
contingency Of the death, resignation, or
! inability Of the President to discharge
the powers and duties of his Office. How
meager, then, are his powers. He can
not appoint a page, or even the mental
that sweeps the floor of the Senate Cham
Der, without the consent Of that body.
/ We see him there in the Senate as a sort of
joclnl tenens grave, dignitied, proper speak
ing only by the permission of the Senate
/ through its rules, except in The contin-
gency Of tie vote, as above stated WHICH
rarely occurs. In the other case, as sue,
cessor to the President, he occupies the
position Of heir cXpectant to the throne,
a sort of contingent remainder man, who
can do nothing more than draw his sal
aIy and wait for the President to die OF
be impeachei His absolute inherent
powers are not equal to those Of the bailiff,
who waits on Justices court. Yet it
had been claimed by certain latter day
statesmen, because he is required Gin
the presence of the Senate and House of
representative" to open all the certif-
Gates of the electoral votes which are
cast for President and Vice President,
that he IS to determine their validity,
and all other questions growing out of
the count, without the advice, consent,
or concurrence of either Senate or House
Of Representatives. A more complete
non sequitur [ have rarely known to fol-
low from premises so badly taken and
persistently held. Che sole office of the
President of the Senate in this joint con-
vention is to break the seals of the en-
velopes containing the certificates of the
electoral votes, pass them to the tellers
appointed by the Senate and House of
Representatives, who are their function
aries, and authorized by them to read
these several certificates in their hear
ing, to be approved or disapproved by
the said Senate and Honse, and when f.
nally disp )sed of, to sum up the result,
which the President of the Senate, pro
IorH}a, announces to the joint convention
Just as he announces the result of vote
taken in the Senate after it is passed up
to him by the Secretary of that body.
BY what stretch of Imagination can it
be asserted that this man Of such limited
general powers under the Constitution
when be comes to meet this joint conven-
ton expands into such huge proportions
as to draw TO himself all the duties and
prerogatves of the two Houses and leave
| them idle spectators of the grand page
ant which he exhibits to their astonished
view? One-man power has been the
dread and terror Of our people for hun
dred years. Men have spoken and writ
ten against it in language of animated
rhetoric and vehement denunciation, but
here it presents itself in all its deformity
and wickedness. 1t is a deliberate at
ported by precedent, to force a rejected
candidate upon an unwilling people, To
do this it was found necessary to abrogate
the joint twenty second rule of the two
Houses, which had been enacted by the
Republican party while having an over
whelming majority in both Houses, and
under which three Republican Presidents
had been installed. This rule recogni-
zed the power of the two Houses to
count and determine the vote without
the intervention IN the slightest way of
the President Of the Senate. 1t further
recognized the power Of either House to
object to the counting of any vote, and if
that objection were persisted in the vote
could not he counted, ard so was lost.
1t is not claimed the rule added
anything to the Constitution or
the powers of Congress acting IN
der 1t, as it could certainly detract
nothing from either. But it was looked
upon at the time of its adoption as a
fair exposition of the clause relating to
/ the count of the electoral vote, and has
been liTed Up 10 and practiced upon I'M
til the republican party found Itself
beaten in the late election and all hope
cut off of inaugurating a candidate re
pudiated by popular majority of more
/ than quarter OF a million of votes.
In conclusion, Mr.. Speaker, I wish TO
say if there evec was any necessity for or
! pfopriety in passing this bill that occa-
sion passed away when the Senate, by
vote Of Al to II, declared against the
power of the President of the Senate to
count the electoral vote, thereby affirm
! ing the: :e this power rested in Congress.
From that moment all chance of count
| ing IN a republican President vanished.
Look at it any view of the case and this
| declaration will be found to be true.
Should it be claimed that the joint or
concurrent action of the two Houses is
necessary to count the electoral vote of
] State then the .nIlisiar,a nnI ELL