The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1877-01-11

The Powers and Duties of Congress in the
PreInises-The War-TaIking Democrats

Prelnises-The War-Talking Democrat,
acknowledgement of MIR. Wright, O
Iowa, in the United States Senate.
Under no construction, as it seems to me
can it be claimed that Congress in any capacitv
certainly not in the absence of legislation, has
judicial powers or any other power than to in
qnire and declare what the people through
their electors on the face of the returns have
said as to their choice for President. In say
ing this do not lose sight of the different
theories as to how this result il to be reached
and who is to declare it. am sufficiently I'm.
derstood for my present purpose, I hope
when / repeat that in the absence of some
law there is no power to investigate and de-
te mine whether there was fraud in this
State or that whether the State law was
VIE or unwise in providing for the organiza-
lion OF it's Returning Boards; whether hun
deed men here or thousand there would have
voted differently but for intimidation, corrup-
ton, violence, or fraud; whether the returning
or canvassing board or tribunal in State
reached the true result from all the facts be-
fore them, or not. For whatever any one
may think as to the powers of the presiding
Officers OF the two houses acting separately or
together, the law, as gathered from almost if
not quite unbroken presidents from the very
Foundation of the Government, would clearly
seem to teach that our powers are purely min
istorial, not at all judicial. In the exercise of
these powers, however, allow me to say that I
90 hot suggest by any means, that either pre-
| siding officer or tribunal or forum having the
| right to decide would be conclusive by mere
declaration of result upon the face of re-
turn, the same paper, return, record, or that
| which by well-settled rules and fair logic and
| law 1t Is part, shows that the declaration
Is itself false and untrue.
| MIR. Wright then referred at some length to
the appointment Of Cronin as Presidential
elector in Oregon, and said he acted as if i'm
pelled by wires pulled by others. He (Wright)
had no admiration for man who concieves g.
mean Oh cunniDgly devised scheme, and is
wanting in courage to execute it. He did not
| believe Watts was appointed or elected within
the meaning OF the constitution, but his incl
Eligibility did not elect Cronin.
Mr.. Wright commented at some length on
the difficulty, and asked why all could not unite
! in condemnation of this gross attemptto cheat
the people Of Oregon.
He again referred to the power of Congress
and the construction of the constitution in
regard to the count of the electoral vote, and
saio
do not much doubt that it is competent for
Congress to declare by law how this vote may
and shall be counted. By this, of course am
nos 70 be understood as holding that returns
can be directed or intrusted to any other than
the President Of the Senate, nor that any other
than such President can open the certificates,
| nor that they can be opened in the presence of
any other tribunal, as witnesses, than the Sem
ate and House of Representatives, but what
[ mean is that while all these matters are
| clearly pointed out and concluded by the most
| express language OF the constitution, it would
nevertheless be competent for Congress, in
execution of, "and the votes shall then be
| counted, to provide by law that the count
| should be made, for instance, by q commit
tee OF the two houses by joint action of the
presiding officers of each, by their action in
connection with the Chief Justice of the Su-
preme Court, or other person or persons, by
the Judges of the Supreme Court as board
| (not as COURT, or in any other manner In its
discretion, The language, "and the votes
shall then be counted" does not, in my judg-
ment, conine the Congress to any special or
exclusive method of counting the vote, and yet
agree that it was undoubtedly primarily in the
minds OF the trainers OF the constitution that
this duty ministerial merely. was to be, and
would be performed by the presiding officer in
the presence of the two houses al witnesses,
and that it might be safely intrusted to him.
! He argued that the makers OF the constitu-
ton contemplated and intended that the will
or votes of the States rs certified to the Presi-
dent of the Senate should be ascertained by
looking at these certificates and declaring the
that anybody should or could at the Federal
capital, aside from possibly some inquiry by a
proper judicial tribunal, question the right Of q
State to select any persons it might see fit, if
not constitutionally ineligible, and, in it's own
man..er, to cast it's vote for the first and second
officers in the nation. He argued that there
was no semblance of judicial power in Con-
gress to inquire into how these electors
were chosen. or whether they should
hnU f0N ar NM roth nV
than another. To have recognized such
power as existing in the President Of the
Senate, who was to open the certificates, or in
the two Houses, who ware to be present to
witness snch opening and counting, would
have been at war with all their theories of the
electoral system and the powers of the States
and the Federal Government. They intended
that the two houses should be present as wit
ness. 8, not actors, to the end that the cOnnt-
ing should be public, not in the seclusion of
the room of the President of the Senate or
other private place. Ofcourse, however, some
one must determine that it is the vote of the
State; what that vote is the return shows for
itself, and that, for the purpose OF the count,
| is the end of it. There the whole inquiry
ceases. 1t is both Illogical and practically i'm
possible to conceive that the two bodies with
practically equal powers and prerogatlves,
should constitute themselves, or become in
controverted questions.
AS good citizens we ought not, upon an
emergency, seek to overthrow well-establlshed
precedents or usages and drift into sen as
shoreless as it is dangerous. But we need,
perhaps, to go on a step further, and that is
Suppose decision is made by this officer; Is it
final? From it is there no appeal Upon this
subject confess entertain the gravest doubt,
and yet am in favor of the prerogatives Of the
two houses acting separately and IN entire har-
mony with the idea that the President Of the
Senate is but presiding officer. Leaving out
of view for the present the bedrock idea that
the States, by this vote, are speaking, and the
duty is simply to chronicle their will "a most
pivoted and not to be overlooked element,
grant,, yet say incline to the opinion that
an appeal may be taken, and that the two
houses acting separately may by their concur
rent action override him, That is to say, if
the President of the Senate shall determine
that u particular paper or certificate entities
the vote to be counted, the two houses, upon
an appeal taken, may, acting separately AND
by concurrent action, determine otherwise; &c
il he determines that it should not, that fol
certain reasons the certificate is not sufficient
| In o,,tba,tio than AGAIN mon ann62l in like