The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-01-24
ge!,r,sy 4, would be delayed because the very
PROVIDED MACHINERY FOR DELAY.

F[eslueht OF the senate ieaFedp Every act
, Of bis In counting the vote must be done
In public and would be closely watched
but by this bill that power was given to
secret commission. Suppose this high
commission should reject the vote OF A
State. II would be depriving State Of
Its vote. Where was the clause in the
Constitution conierring that power on
any body2 II Is high time that the ex.
treme powers claimed for Congress to re.
; ject the vote OF a State should be re-
nounced instead OF affirmed as the bill
proposed.
| Mr.. Thurman denied that the commits.
sion authorized by the bill was u secret
conclave.
Mr.. Sherman said the bill gave the
commission power 10 make its own rules,
and every one knew II would be secret.
He only approved Of one feature Of the
bill, and that was, that
NEITHER HOUSE HAD THE RIGHT
to reject the electoral vote Of State. It
was said the country was in peril, and
would he do nothing to save the country :?
Yes he would obey the law as II has ex-
listed since 1889. He was opposed to
patching up laws and introducing into
our Electoral College the blind GOODIES
OF Chance. II Tilden was elected, let
him by all means enjoy the honors of the
office; and il Hayes was elected, all should
yield TO him lawful obedience.
SPEECH oE MR.. CoNKLING.
Mr., Conkling followed Sherman in
favor OF the bill, and said before reaching
the details oft measure, its advantages
or merits; the Senate must make sure ofits
power in some mode, to subject the mat
ter to the action Of the two Houses Of
Congress, or to the law making power Of
the Government. A study Of this matter
years ago, convinced him OF the right,
and therefore Of the
DUTY OF CONGRESS
10 ascertain and verify the electoral votes
and declare the true result Of the Presi-
dental elections, or else by an assertion
OF law making power TO declare how
these acts should be done. His preaent
Judgment did not rest on preconceived
opinions. Some weeks ago he reviewed
carefully and cautiously every act and
proceeding in our history bearing
upon this question, and without the aid
Of the compilations made since then, he
had examined every utterance in the
books. A distinction might be drawn be-
tween the power OF the Senate and the
House Of Representatives in conducting
the electoral count. II was not his pur-
pose at this time 10 explain that distinc.
tion nor 10 inquire how far or whether
at all the law indicated the exact form in
which the Constitution should be exc.
cuted. & 81 Ef.fE#E
Mr.. Conkling then spoke OF tie objec-
tions to the bill and said that il II was
true that the right to count the vote was
by the Constitution imposed on the Presi-
dent Of the Senate the bill now upon the
table, nor any bill, rule, or plan would be
Of the slightest efficacy or effect. When
ever the Constitution deposited power
with any officer, department or function.
ary, there it must remain. If the Con-
stitution deposited in the President OF the
Senate the power to count the vote,
THERE WAS AN END OF IT,
and any act or rule to strip him OF that
power would be n bold intrusion on the
Constitution. II such was the power of
the President Of the Senate, then every
proceeding had heretofore by the two
houses Of Congress was fragrant viola.
ton Of the constitution.
He denied that the power to count the
votes was vested in the President OF the
Senate, and said il the Constitution gave
all the power to one man it was not easy
to see how Congress could witness or veri
fy the act. 1.-THE President Of the Senate
chose 10 utter words the members OF the
two houses must listen to him, and the
Constitution declared that the President
OF the Senate should open all the cerlih.
Gates. That was grant OF power. It
then declared that the vote should be
counted by whom? Did the iramers OF
the Constitution intend it should be by
the President Of the Senate?
IF so TWO LITTLE WORDS
would have fixed it. The men who draft.
ed the Constitution were masters Of the
language. They were so fastidious in
their tastes, so exact that their words
should become echoes Of thought, that
they appointed Committee on Style, in
order that their sentiments might be
scrutinized, and the provisions in regard
to counting the electoral vote was referred
to that committee and reported back by
them. He could not believe that the
framers Of the Constitution intended that
the President Of the Senate should count
GOOD, BAD OR INDIFFERENT
certificates, as was argued by the Senator
from Indiana (Morton) yesterday. I'll
had been said that the power Of the
President Of the Senate, though not ex.
pressed in the constitution, might be i'm
piled. he could not accept that doctrine.
Authority to do a ministerial act did not
imply authority to do judicial act. Had
the President Of the Senate power to send
for witnesses, call for kilograms, ahd im-
prison persons unless they gave them up?
The constitution had not endowed him
withpower to settle this question.
As early as 1902 the State Of Ohio had
in in its fundamental law the very words
OF the Federal Constitution, that the pre-.
siding officer should open the certificates
and the votes should be counted. Even
at that early day 1t was understood that
the President OF tho Senate merely OPEN
ed the certificates and the two houses
proceeded to count the votes. To open
the certificates was purely ministerial
act,
BUT TO COUNT VOTES
was something more. The good certif.
Cates must be assorted from the bad ones.
II New York sent As electoral votes, only
80 would be true votes and true ones
must be taken from false ones. II the
certificates from Massachusetts, should
show that the State voted for Demo.
cratic candidate. ii would be false; the
world knew abe voted for Republican
nominee and must be so counted. II the
electors in one state had voted for J.
Adams Caesar, he meant julius Caesar,
late Of Rome, [laughterl or Henry the
Sth, those votes would not be counted
without inquiry.
He spoke at some length as to the con.
stitutionality Of the bill, and asked: Did
not the reason and fitness Of things inform
the Senate that our fathers intended the
| nnwar IN vilinlA an Olla0a ttnn If f..uJ =.