The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1877-01-08

what are Claimed 20 be his Consti-
tutiona1 Powers; or IL there Is a
President OF the Senate, his Pow
ers Discussed.
It must be confessed, that at 60 for
mcs p,riod in our history, has tho
country been more alarmed than at
present. occasioned by the doubt us to
tho proper means BY which tue result OIL
the recent Presidential election is to be
asoertuined and declared. This IT,
forest is intensified by the perils which
may eusuc incident to tho process,
Which may be employed to declare the
truo result. The present situation i,
wi,hou. a parallel, aud all realize the
great importance Of tho adoption Of :
line Of action by those in authority
not only to avert all danger, but care
fully to avoid all trespasscs upon tht
rights Of the people, that confidence
and reposo may succeed tue determine
tioh OF tue question.
The greatest peril Of the situation i
occasioncd by clPim that President
Of the Senate has the power to count
the vote aud declare tho result. Mr.
Morton, potent in argument aud dcx'
teruus as leader, Atlas like, bOarl
this great burden. and is, perhaps, eu,
titled to the paternity Of this claim, By
which we are to have built up an au-
tocracy in q government where all
have been assured and rested in the
belief that il was a government deriv'
ing its powers from couscnt-frem
compact; aud this hydra, i. is alleged,
has it's ill-omened heads in tho Con.
etitutiou.
We insist that the Constitution shall
DO examined literally, and interpreted
BY the light Of its contemporaneou:
history. There arc trO provisions in
it which relate to be subject, and they
are as follows:
Article LIST, Section 8. 1.-THE Vice.
President Of tho United States shall be
President Of the Scua,c." "The
Senate shall choose their other officers
and also a President pro tempore, ii
the absence Of The 1ice.President. 0,
whsn he shall exercise The office o.
President efMc United States"
Touching tho certificates Of the sote'
Of the Electors Of the States, il is pro
yided 10 the second Article rs follows
They shall DO Corrected to the Presi'
dent Of the Senate. The President o.
the Senate shall. in tho presence of The
Senate and House Of Representatives,
open all the certificates. and the vote,
shall then DO counted" The Eth
Amendment has no. changed this pro
vision. II it could be successful,
maintained that q President Of The
Senate has not emily the power to open
the certificates, bu. alone the power to
count the vote, il should be showa
that be who claims to exercise this
transcendant power, is President Of
tho Senate; for il tho Constitution
confers this power on tic President OIL
tho Senate, as tho some instrument de.
clares, ,rho shall 10 President Of :Lc
Senate, ho, then, is tho designated
authority to exercise it. We maintain
tho Constitution docs declare, 10 the
quoted provision on this subject He
il the Vice. President, and only when he
10 aJssnt,or when no shall exercise the
Office Of President Of tho United States.
can tho Senate appoint such a COnstis-
a,ional officer as President pro iempore
Of tho Senate. There eau DO no qucs.
ton that tho trainers Of the COnstitu.
ton did designate, purpsscly and
clearly, pho should DO President OF
tho Senate, and ,vhcn, there should, or
might be, such IN officer as President
Of tho Senate pro tcmpore." In the
Convention, Mr.. Brearly, Of the com.
pr0nise eommitte" - reported
a. .uilews: "In.... resident shall
be ez.o6ieio President Of the Senate lex.
cept when they sit to Try the impeach-
ment Of the President, and excepting
also, when no shnll exercise the powers
and duties Of President; 10 which case.
and 10 case of bis absence, The Se:ate
shall choose President pro tOnporo. "
From this report the text quoted was
compiled, observing aud embOdyiug
the language Of the report. 1t was
conceded. 10 debate, TINT the Office Of
Viee.President was unnecessary, and
was only provided for, as stated by
Mr.. Williamson, Of tho committee.
fer the sole sake Of a valuable mode Of
election, which required Too to be chos.
en- at the same time" The Office only
being deemed necessary /" the election,
no provision was made fur filling it 10
the event Of death, and theretorc,it was
not provided who should DO President
Of tho Senate, in the event Of tho death
Of tho oe.Prcsident. But i. may be
asked who would. in the event Of tho
death Of the Vice. President, DO Presl.
den. Of The Senate? Tho answer is,
no ono, under the Constitution. can be
The Senate in the exercise Of On inner,
ent authority belonging to all bodies o.
its character, can appoint presiding
officer, and this was purpOselY loft uu.
provided for iu such an event. Mr.
Ferry is no. const:tutiOnally Dresden
pro tcmpore Of tho Senate" lie dOrirel
his powers alone from the inheren
power Of tue Senate, and not from th'
Constitution, aud is presiding Office
NJ tha Spnnta Mr. Nonpu,u ,val