The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1877-01-12
SENATOR WALLACE'S SPEECH.

The speech of Senator Wallace, on tn,
question Of counting the electoral vote, de
livered in the Senate on the Sth inst, was
recognized by both Democrats and Repub
licans as the ablest explanation of the Dem
ocratic theory on the subject yet delivered
in that body. lie was warmly congratulated
at the close, and number of gentlemen
called on him in the evening to compliment
him upon his effort The following is the
full text of proposition submitted by MIR
Wallace:
Mr.. Wallace, (Dem. of Pa, submitted the
following resolutions
Resoircd That the special committee OF
counting the electoral vote be instructed tc
inquire aud report to the Senate the follow
ing propositions:
1st. Electors of President of the United
States are part of the machinery of the
Federal Government.
ID. The power to appoint hem is in the
States, to be exercised under the restrictions
and guarantees of the Federal Constitution.
81. The power to ascertain who has been
elected President aud Vice President of the
Upitcd States 10y counting the electoral vote
is Il quasi judicial one, and carries with il
the right TO inquire and decide what are
| votes
4th. This power is in the two Houses, act
ing concurrently rs Independent bodies
| 9th. Each house may examine both facts
and law to enable it to determine these ques-
tions: First, Are the returns OF the Electoral
Colleges before them the true returns? Sec
ond, Were the votes therein shown to be
cast given by those appointed by the State
| to Office of ciector of President OF the United
States? and third, was the appointment of
electors made, and were the votes cast in
accordance with the provisions and guaran-
| tees of the Federal Constitution?
| 9th. The certificate and seal OF the eXecu-
| tive authority of the State. made under the
act of Congress, is prima facia proof of the
appointment Of an elcctor by the State.
| THIS mode of proof may be overthrown 10y
| the decision Of the highest tribunal of the
proper State or of the United States, or it
may be contradictcd by evidence Of plain
! mistake or paipable fraud.
| 9TH. When two returns come from q State
| the two houses acting concurrently must de-
| termine which is the true return.
| Sth. No electoral vote can be counted
without the concurrence Of both houses.
Mr. Wallace, in offering the above, said !:
| These propositions embody my views of the
| law. When we settle what the law of this
subject is we have Il safe path out Of our diff
| fculties We will bow to the law definitely
| aseertained. 1t is our duty to learn this, to
| recognize its power and to obey it. The
| first proposition is self evident. 1t needs no
proof. The second will not be disputed, for
| all admit the Federal Constitution to be the
supreme law The third asserts that the
| -, N IN il ~ n pial
| but is quasi. judicial, and carries with it the
| right to inquire and decide what are votes
| rhe tribunal that counts the vote must
| Judge of iutractons OF the constitution If
| it is objected in Joint meeting that votes
were cast for an alien for President or for
one under thrtytive years of age, or for one
| non. resident for fourteen years, is there
no power to inquire and decide the truth :?
Must the votes be counted? How are the
questions to he settled? BY debate or by iu-
dcial inquiry? Or suppose the vote cast for
Senator, or Federal ju sc, or unre-
lieved rebels there no power to inquire
as to the facts and 10 decide! Or, if the
vote was cast on the wrong day, or not by
ballot, must we count the vote? Of if Il
State college votes for citizens of its State
for both Offices, can we not inquire? What
is the Oregon inquiry now going OF? What
are all these inquiries but the highest exer
else of judicial power, the application of
constitutional law to IL given state of facts ::
Surely such power is not merely minste-
rial. If State constitutes its election tri-
buDals SO as to deny the clear right Of citi-
zens of the United States, can we not in
quirc and correct the wrong? II one return
he sent by n State. and before it reaches the
President Of the Senate an irrepressb!e ami
-, Ia 4
denies rights of citizens of the United
States, or if plain mistake or papable fraud,
be shown. can we not inquire, and Judge and
apply the remedy? If this be 50 in counting
the vote, we 10 not declare, but we cancel
and nullify il. Tne power to count is giveu
TO some tribunal, ana the means to reach
that end follow 10y necessary implication.
He argued that this power was iii the two
houses Of Congress and not in the President
Of the Senate. The two houses have local
knowledge which he has not. All the great
powers OF government are in congress, whilst
he has 10 vote IN the body over which he
presidc3. This is Il great power, and would
be lodged where most likely to be exercised
with iud uncut and undpr resp ,nshility
The TWO houses are equal. They liX the
time of choosing electors. They are present
when the vote is counted. The language
does not give the power 10 the President of
the Senale. He is not the presiding officer
OF the Joint meeting The senate is there
as Senate. The House is there a. a House
equal in dignity. lfa President pro ismpNe
can count the vote, whose power does he cX-
ercisc! his own or that OF the Senate If
the former, he is greater than his creator.
The senate can displace him ii he r, f,i-es to
obey their wi |, Ii he exercises theiy power
then the Senate is above lis co. cGua! b DIV,
the House. Both are present Both or nei-
ther CONT Can il be that the sane clause
which clothes the Vice President, an in,le-
pendent officer, with this power, also clo,hc
a dependent one Herewith? The word, all"
and Then show that the certificates must
ai be opened before the counting begins
Counting is aljudicating The President Of
the Senate is the ayenue OF communication
When his dnty is done the duty Of the two
house. bpglus. In every instance the Sen.
ate has originated II resolution asking the
house To agree on u committee to count the
vote They have 80 acted in every case hut
one. TIE Senator from Ohio, Mr : err
man saws the action o! the Loui-ianl Re-
turning Bad is final ard binding. 1t is
not -, for it does not provide lor u hearing
or give day IN court. 1t takes away Judi
cial scrutiny, and deprivrs men nt rheir u!ii.
ce7 without hearia-. II j. anti Alnarican
and viola es the Federal Constitutions hy dee
nyiug n contest, aud refuses due procr,s in
Law. \ statute i, nat ,iue prprc,- "t law.
This statute i in direr. Conflict with the
fourteenth amendment ana we have the
right to revise it. a'imdication' to inquire
into that f,ct. Returning boards are not
courts. fnriy duties are minjs:e.iai. or, il
quasi judicial, they must reruit m appeal
or review lay courts al lnw. There j. no
safety in our system without tli-. The law
creating tae LIusiaHa Returning Board yiO-
lates the provision that mo State shalt make
or enforce any law which shall ahrage the
immunitics and privileges of citizens of the
United States, aud ~ State shall deprive
any person ol life, liberty, ar property with
out due proceS, of law. Fraul aud false
hood can be investigated in every legal tri-
bnnal. The power exists in the Senate, and
it is our duty 10 use it,