The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-01-09

which ought most, studiously to be avoid
edv I congratulate you, sir, that the Con
st;t,,tion has furnished you with pres1-
dent OF the Senate, and that bis gavei mas
NOT been converted into a sword. .{f.
The trainers oil the Constitution adopted
the most appropriate. word in the English
language to describe the officer to preside
over the Senate, and to receive communlca-
tions designed for the Senate. !, he was 10
be q senator, selected by body which had
pienary power to prescribe its rules Tor pro-
ceeding, and to punish its members, even
TO EXPULSION, for breaches OF its order: In
the performance of his duty the preslaent
of the Senate, in settling points OF oroer,
the result OF votes, receiving
petitions, or addresses, Is
the mandatory OF the Senate, and Is az all
times subordinate to their control. IL
would be an inversion OF their relation ana
an alteration OF the constitution OF tne
Senate were he to have power to impose, dis
will upon them in solitary case. When
the committee OF the convention reported
a recommendation that the electoral ilsts
should be transmitted to the president OF
the Senate, and which were not to De
onened by him until a session OF the Sen.
ofe. thew were familiar with the duties OF
the presiding officer and with the usages OF
deIiberatiye assemblies. Had they designed
to make change in the ordinary duties OF
the presiding officer this would have been
clearly EXPRESSED. = II suppose the
nrecedents of the British Parliament were
more familiar to the statesmen VINO were
engaged at Philadelphia in framing the Con-
stitution to establish justice, secure tran
n,,;ll;ty and promote union. When Charles
I came into the House Of Commons ana de-
manded the delivery to him OF five OF the
patriot leaders, including Hampden ana
Pvm. the Speaker, Lenthall, replied to him
in a speech which contains an epitome OF the
whole law of the relation between tile SEN
ate and its president. "May it please your
Majesty. I have neither eyes TO see nor
tongue to speak in this place but as the
House is pleased to direct me, whose scr
want I am here; and bhumbly beg your
Maiestv's pardon that l cannot give any
other answer to what your Majesty is pleased
~ demand OF me-, - We find limo
contemporary debate nor subsequent usage
the assertion OF the enormous power OF de-
cldrine to the Senate and the House OF
Representatives his final and absolute Judg-
ment that the electoral colleges had mace an
election of President and Vice-Presldent,
and that this Judgment was independent OF
any control of theirs, and that both houses
were to be. silent and unconeernea specta-
tors of his dictatorial proceedings at the time
Of his performance of that function.
The letter then reviews the action OF the
Constitutional Convention in regard to the
choice of President by Congress in case OF
q failure to elect by the people. 1t declares
that strenuous opposition was manifested
against entrusting an election to the Senate,
for tl,e reason that it would give the Senate
too much power, as the President would be
the mere creature Of the Senate; and II ihe
Senate was to confirm all his appointments
if would put almost the whole power OF the
Government into the hands OF a few men
..the President would not be the man OF
"the people, as he ought to be, but the min.
uion of tire Senate" On this point it says,
further: .. ..,........
It Will be seen in these details that the
evils which appeared most consplcuouSiy 70
the mind OF the Convention as most likely
70 attend upon the choice OF President and
Vice-President were that there would be
combinations among ambitious men holding
Offices under the Government, and thai
those men would employ influence, III
trigue, cabal, bribery, corruption, and fac
ton whereby to promote and secure the
election Of particular candidates, ana thai
it was necessary to remove the etection al
far as practicable from the presence of those
DANGEROUS agencies. We have seen the for
midable array made against the proposition
to vest the Senate with the power to make
the choice. Suppose that Mason, Madison, OF
Wilson had discovered lurking underneath
the words, (which lists they shall sign, GER
tify. and transmit sealed to the seat OF Gov
eminent Of the United States, directed tc
the president Of the Senate. The president
OF the Senate shall, in that house, open al
the certificates, and the vote shall then ano
there be counted" power like that claimed
bv u Louisiana or South Carolina return
ing board, or the marshal of Polish Diet
and had dragged the venomous beast IRON
his hiding-place, what would have been THE
sentiment OF the Convention?
The claim is that the president OF thu
Senate is the final arbiter that he can reIec
return or count in return. Their con
clusion must have been that the president
of the Senate would never fail to decide a:
the Senate might desire, and that the cleo
ton would, for this cause alone, always de
volye on the Senate. We find on the FRS
suggestion of the existence Of the power
that schemes were at once laid to displact
the officer then presiding, so that sub
servient and INSCRIPTIONS officer might bt
substituted to make Of the presidential office
a booty and spoil by violent seizure O
power. The conclusion is irresistible
that there did not. Turk underneath
those words any fiend to threaten
the nations safety; that if there bt
a usurpatlon-a lawless seizure OF thu
presidential office contrary to the will OF TIT
Deople-it cannot be covered or concealed
by pretenses as shallow as they are deceit
full. The offices of the country may bt
taken by force, but tyrannical power can
not control nor debauch the intelligence O.
the people. shall assume that the presi
dent OF the Senate will not claim nor list
such a power, and that the certificates fol-
the electoral colleges will be placed in TIT
possession and subject to the disposition o
both houses OF Congress in Joint session
A concurrence of both houses land here
we avail ourself Of the New York Tribune!
Condensation in the declaration that Ger
tain candidates for President and Vice-Pre
sident have received a majority Of the cleo
toral vote is insisted upon. 1t cites the an
alogous instances Of every act Of Congress
requiring the assent Of both houses and tn
power OF court being paralyzed by al
equal division OF the judges. If there is
division on the electoral count, Mr.. CAMP
BELL says s'then the effect must be that th
"record must show that the two houses o
/" Congress are entirely unable to determin
g whether either candidate has maiorit,