New-York tribune., 1877-01-05
POWER TO REGULATE THE COUNT.

SENATOR WRIGHT DENIES THE RIGHT TO REJECT
STATES voTE-MR. HERMAN BELIEVES EITHER
HOUSE CAN DO 1T.
10y TELEGRAPH THE TRIBUNE
WASHINGTON, Jan. Am interesting debate upon
the Presidential question took place in the Senate
to-day which was important by reason of the clear
and forcbe presentation of the views of one of the
most conservative and influential of the Republican
Senator'S and for the assertion from the Democratic
Senator from New-York that he believes that either
house has the power to throw out electoral votes.
Senator Wright of Iowa opened the discussion. His
character for deliberateness in forming conclusions
and for fairness and absence of partsanshp in treat
ing public questions and the additional fact that he
goes out of office on the 4th of March, having de-
clined a reflection caused HIM to be listened to with
close attention. He said he thought it clear that
the trainers of the Constitution intended that the
President of the Senate should count the vote In
purely ministerial capacity. In the absence OF any
law the utmost stretch of power that can be claimed
for Congress in the matter is that an appeal can be
taken from decision of the presiding officer relating
10 the validity of a return and such decision can be
overthrown W the concurrent action of both houses
This Senator Wright thought, would be going to
the extreme verge of the Constitution if not beyond
it. He did not think the presiding officer or the two
houses would be pTevencd from taking cognlzancc
of manifest fraud in return, but lie held that they
must confine themselves to the records before the
and had no power to investigate alleged frauds or
intimidation occurring at the election. III Is only
with the certified returns that they have to DEAL
and the presiding officer should decide what are true
returns. subject to an appeal to the two houses.
Senator Wright turned for short time from the
course of his argument to discuss the Oregon case
and drew a humorous picture of Cronins perform
ance organizing himself into a whole electoral col
lece. and ending with scathng denunciation of
Gov Grover. and all concerned with him in cOncoct-
ing the fraud.
Senator Herman made a good of-hand speech in
reply arguing that the presiding officer has nothing
to do with making the count that the power to
count resides in Congress, and that it has full power
TO 20 behind the returns to ascertain what Is the
will of the people expressed at the ballOt-Dox'
Like all Democrats who have debated the question,
he gave no weight, in his discussion OF precedent 10
the important fact that the first electoral count was
made by the President of the Senate in compliance
with resolution passed by the Constitutional Con-
vention A more important omission was his failure
IN saw whether he thought that one house could
throw out votes at pleasure without the concurrence
of the Other This omission Senator Herman after
ward supplied in answer to direct question put
Inv Senator Sherman. He said that in his opinion
both houses must affirm the validity of vote, OF 1t
could D". sr counted.
Senator Sherman denounced this doctrine as revo-
iutionary and worthy only of the Mexican Republic
He made an earnest plea for calmness and modera-
ton in the consideration of the question: deprecated
the Democratic meetings being held i'll Ohio, and
expressed the belief tina the two houses would yet
agree OH method of counting the votes. The dis
cussion arose upon the reference OF Mr. Wrlghts
bill to the Conference Committee. The bill provides
for judicial tribunal to settle disputed questions
IL. aunt hpp
CLiefJustice and six District or Circuit Judges
selected for the purpose.