The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1877-02-01

The following is a brief resume of Senator
CoEkling's Speech delivered on the 23d and 24th,
upon the Electoral bill: Mr. Conkling said that a
study of the matter, years ago, convinced him of
the right, and therefore the duty, of Congress to
ascertain and verify the Electoral votes, and de-
clare the true result of Presidential elections,
else by an assertion of law making power to de-
clare how these acts should be done. His pres
eHt Judgment did not rest on preconceived opin-
IONS. Some weeks ago he reviewed carefully
and cautiously every act and proceeding in our
history bearing upon this question: and without
the aid of compilations made since then, he had
examined every utterance in books. He then
spoke of the objections to the bill and said if it
were true that the right to count the votes was by
the Constitution imposed upon the
President of the Senate, the bill now upon
the table, nor any bill, rule or plan, would be of
the slightest efficacy or effect. Whenever the
Constitution deposited power with any officer,
department or functonary, there it must remain.
II the Constitution deposited in the President of
the Senate power to count the Electoral vote
there was an end of it; and any act or rule to
strip him Of that power would be bold intrusion
upon the Constitution. If such were the power
OF the President Of the Senate, then every pro-
ceeding had heretofore by the two Houses of
Congress was fragrant violation of the Consti- |
tuition. He denied that the power to count votes |
was vested in the President of the Senate, and |
said, If the Constitution gave all tile power to |
one man, it was not easy to see how Con-
gress could witness or verify the act. II |
the President of the Senate chose to ut |
Yer NOTus, members OF the Two houses |
must listen to him. The Constitution dec AIRED |
the President Of the Senate should open all GER
tlhcates. That was grant of power. IL then |
declared the vote should be counted. BY whom? |
Did the trainers of the Constitution intend it |
should be by the President of the Senate: II so,
two little words would have fixed it. The men
who drafted the Consttutionlwere masters Of Ian
guage. They were so fastidious in their taste.
SO exact that words should become echoes Of .
thought, that they appointed Committee on
Style in order that every sentence might be scru-
tinted, and thus provision n regard 10 counting
the Electoral vote was referred TO that commit
tee and reported back by the committee He
could not believe that the trainers of the
Constitution intended the President of
he Senate should count good, bad,
md indifferent certificates, as was argued by the
Senator from Indiana (Morton) yesterday. 1t
lad been said that the power of the President of
he Senate, though not expressed in the Consti-
ution, might be implied. He could not accept
hat doctrine. Authority to do ministerial act
lid not imply authority to de judicial act. To
pen the certificates was purely a ministerial
ct, but TO count the votes was something more.
'le good certificates must be assorted from the
'ad ones. nNew YORK sent As Electoral votes,
My 45 would be true votes, and the true
mes must be taken from the false
mes. IL certificates from Massachu-
etts should show that that State voted for the
Democratic candidate, it would be false. The
TOrld knew that she voted for the Republican