The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1877-01-13

claim 70 the Presidency. aud placed It
Ia the hands Of . Senator TO deliver
speech on the question. Its points ere
sa,d 10 be Grs,, that under the prov.s-
ions of the constitution speciiying thai
al certificates Of electoral votes shall
BE- opened AMI counted in the presenc
Of the swu houses no provision IS made
as TO who is empowered to Judge OF the
correctness and sutfciency Of the re-
turns All this it is contsnded depends
upon another provision-that in refer
ence to the duty Of the House to pro-
coed 10 elect Q President in the eontin'
peucy tina. there is no election, and !
requiring that the House in voting shall
vote bv States. Second, that inasmuch |
as the responsibility under this oont'n' |
gency i. solely with the House. the
House is necessarily empowered 80
Judge and determine whether the con-
tineency has arisen. That consequent
" i. is the imperative duty oftheHouse
toexercise supervisory control over fae
count in order that it may understand
inely ascertain if the contingency thus
provided for BY the consultation has or
has not arisen. That therefore the
House is enjoined to examine and scru-
tinizs all returns made to the President
Of the Senate; that the House must do
this in order to judge Of the correctness
and sufficiency Of the returns; that the
cont ngeney thus being made to appear.
the House is commanded to proceed to
an election, voting by States Third,
that by requirement that the House il
proceeding to an election shall vote by
States. the House is made to stand in
respect to the contingency - the repre-
sentative Of both the people and the
States TO the exclusion Of the Senate.
and, therefore, the conclusion is again
drawn that with the House resides the
absolute jurisdiction over the count.
NEW York. Jan 1.-THE Times
Washington special says: Morton will
Tomorrow, or soon after. offer . resolu-
ton in the Senate declaring that the
States of louisiana, Florida and Sout
Carolina having voted for President
aud Vice President. and the result hav.
ing been determined and declared
through the properly constituted Au'
therities OF these States. there 10 NJ
power in the State courts, nor in COn
gress, nor 10 any other tribunal what
, ever to revise or change the results q
thus determined.
! The National Intelligencer to-day con
{ tains al article evidently written by
lawyer Of great ability, in which tn
following propositions are maintained
with such force Of reasoning ss to at
. tract considerable attention in politica
!, circles: First. that electors shown by tn
n official records Of the several States t
have been chosen. are toe true elector
J. oy the act OF Congress. and their vote
must DO received and counted in til
. election Of President: ID, that the dut
a Of counting the vote is ministerial d.
r ty only. and ss such is properly comic
n ed 70 the President Of the Senate, cler
: cally assisted by tellers. aud witnesse
o by the Senate and House Of Represent
tives; Sd. that if it presented an issu
G for the exercise of Judicial function
d there would be no power to decide it. u
tribunal having been created for tbs
IS purpose, sud it being clearly iaconp'
g tent for the Senate aud House Of Repr,
. sentatives for judicial reasons. or for an
O other Federal authority for political re.
n sons to assume such jurisdiction ANON
other arguments against tho right {
{ Congress to 60 behind the State Ger
I tifcAtes. the writer coltends that tt
r trainers Of the constitution could ne
conceivably have intended to clio b
. Congress with power 20 take the Pres
4 dental election out Of the hands Of th
people whenever it chooses, and slso
n they bad contemplated any e1crci.e ,
l.. judicial functions by Congress in ,hi
4 matter they would have provided "a
/ the performance of the enlarged duty
plain aud explicit terms.
r NEw YoRK. Jan. 1.-THE Tribune
special thinks Trumbuil will be chose
. Senator from Illirois, while the Tine
. special sticks 10 Logan.
r New York. Jan i2-The World
Washington special says th. House CON
: mistee on privileges and powers of ,h
: House. have substantially agreed on
report. which will protAbly IN submit
ted 20 the committee sgain 70 morrow
and possibly reported TO the House. 1
will maintain. first. that the prssidsn
Of the Senate is only empowered and
required 10 open oil certificates, bal
cannot count ana examine the electora
vote; sso'nd. that the House has saua
powers and privileges with the Senat,
in examining and verifying the cleo.
toral vote, and that no vote ran r.