The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1877-01-04
Congress Counts.

That Congress has the supreme power
in the final count of the Electoral votes
has never been formally denied in our
history. Whenever the question has
been raised, the right of Congress to go
behind the returns has uniformly been
recognized. The Congress counts. Every
resolution adopted upon the manner of
counting the votes has been recognition
of this fact. The Twenty-second Joint
Rule was notably an admission that under
the. Constitution the Congress had the
power to pass upon the proffered votes
fot If the authority is not given to Con-
gfess by the Constitution, clearly Con
gress can not give that authority to it
self. In 1921, in 1887, and in 1857,
when disputed questions arose, the de-
bates in the Joint Convention unmis-
takablyproye the recognition of the power
of Congress to go behind the returns, to
examine and pass upon the validity of
the Electoral votes presented. That this
power does not rest with the President
of the Senate is, by plain implication,
stamped upon the Constitution of the
United States. Some OF the precedents
will be ofinterest. In 1857 the Wiscon-
sin case was before Congress. The Elect
ors of that State failed to meet on the
day on which the law required them to
meet, and it was claimed that the vote
of Wisconsin had not been given in ac-
cordance with the Constitution. IfCon-
gress were dumb in this matter, who
had any right to interpose this objection !?
Mr.. Mason, of Virginia, was President
of the Senate. Pending the count SEN
ator Cass said:
suggest that it is better to read the re-
suits of the vote, and not the certificates in
full, unless the reading of the certificates be
called for.
The Presiding Officer--The Presiding
officer considers that the duty of counting
the vote has devolved on the tellers under
the concurrent order of the two Houses;
and he considers further that the tellers
should determine for themselves in what
way the votes are verified to them, and read
as much as they may think proper to the
two Houses assembled.
1t was the agents appointed "under
the concurrent order of the two Houses u
that were 10 determine this question.
Mr.. Letcher, of the House of Represent.
atives, objected to the reception of the
vote of Wisconsin, and Mr.. Jones, OF
Tennessee, Immediately said:
suppose, Mr.. President, the proper way
would be for the tellers to report the facts
| to the convention of the two Houses, and
let them decide.
The Presiding Oficer-The Presiding Of
ficer SO considers.
This was eight years before the adop.
tion of the Twenty-second Joint Rule
Senator Crittenden said in this debate
Do understand the Chair to decide that
Congress in no form has power to decide
upon the validity or inyalidity of vote?
The Presiding Offcer-The Presiding OF
1 ficer has made no such decision, he will in
| form the Senator from Kentucky.
Mr.. 81. Marshall, of Kentucky, follow
ing Senator Crittenden, said:
The language of the Constitution is thai
"The President of the Senate, in the pres
ence of the House of Representatives, shal
open all the certificates" and then the
phraseology changes and proceeds: "ant
the votes shall be counted, /" not by y0u, bu
by as.
Senator Orittenden said later:
shall not presume before Congress to oc
eupy a moments time with argument.
wish merely to say that the sense OF duty
an honorable sense of duty, have no doub
upon which the Presiding Officer ha
acted in assuming to declare the number o
votes, involves the privilege Of determining