The daily Argus. (Rock Island, Ill.) 1873-1877, 1877-01-09
Tuesday, January 8. 1877.
THE ELECTORAL COUNT.
Continued

SENATOR A. Z. CHRISTIANCY, OF MICH
IGAN.--Now, as this counting is required
to be in the presence of the two houses,
and no provision is made by whom the
actual count shall be made, it seems to me
that the counting may be considered as, IN
IN legal effect, the work OF the two houses,
for which each is responsible. Not that
each member of each house shall actually
count all the votes and make the necessary
lists, which would be practically very diff
cult, but that each house should appoint
some member or members of its own to
count them; in other words, to act as tel
lers, aud to perform their work in the
presence of the two houses. This is the
mode provided in the twenty second joint
rule, now repealed, and in the first section
Of the bill now before US, and this mode IS,
/ think. the fair result of the interpreta-
ton of the Constitution above Indicated;
and the matters of mere detail TOR the pur-
pose Of accomplishing this mode ofcountlng
and of deciding, as provided IN the first, third
aud fourth sections of the bill, would,
am inclined to think, come fairly within
the constitutional power OF Congress. -
March Is, 1876.
SENATOR VIM. EATON, OF CONNECTICUT.
BY whom? insist, and / assert with
UuJ iGdI VI SuCCGSSlul GOuLI ludl
the votes are counted by the Senate and
the House of Representatives, and not by
the Vice President or the presiding officer
of the Senate. In my Judgment, the
Vice-President is the organ of the two
houses, and nothing else. The
duty of the Vice-Prasident is to open the
certificates. They are sent to him; he is
their custodian. On a certain day he
he kaoakAar io1p
convention. He, their presiding officer,
opens the certificates; and the Senate, and
the House OF Representatives, through
their tellers, count; not he. Sir, | have
no doubt on this subject. That is the eD-
tire duty of the presiding officer of the
Senate.
SENATOR S. B. MAxEY, OF TEXAS
The duty of counting the vote devolves in
the first instance, in my Judgment, on the
Senate and House of Representatives
Why the necessity Of requiring the Senate
to appear organized and ready for business
unless it is business? Why require the
House of House of Representatives to be
present organized unless for business
The very fact that the two houses are
required to appear in their organized ca
pacities strengthens the construction which
precisely what | mean, sir. The Consti.
tuition says:
The President of the Senate shall in the presence
OF the Sen ate and House of Representatives, open
oil the certificates, and the votes shall then be
counted.
The word Senate" means an organized
body; the words House of Representa-
tives" mean an organized body. If it was
designed simply to open the votes in the
presence of Senators and Representatives
it would have said so; but it says Senate
which is an organized body; it says House
of Representatives" which is an organized
body; and hold that these two bodies are
present, and have argued that they are
present for business, and | think there il
force in that view March p, 1876
SENATOR LYMAN TRUMBULL OF ILL
NoIs-The Senator from Wisconsin in
sists, as also does the Senator from New
ork, that the Nice-President, or the pre-
siding officer Of the Senate, is to determine
this question in the first instance Thu
Constitution does not say that the pre-
siding officer Of the Senate shall count tn,
votes even, and in the practice of the Gov
ment since the days of Washington til
this moment the Vice-Presideut has neve
counted the vote. The Constitution saws
uG ItElutub III kDt E6Udb6 SuhIl, III
presence Of the Senate and House Of Rep
certificates That is what he shall do
Then what follows? And the votes shall
then be counted" By whom? Anothe
clause in the Constitution already referred
to declares that Congress shall hav,
authority to pass all laws necessary ant
proper to carry into effect every one of tn,
orapfaH Tho TO ~,
votes is given by the Constitution; tn
mode of doing it is not prescribed by tn,
Constitution; but another clause Of tn
Constitution says that Congress shall
have power to provide by law for carrying
into effect every provision Of this instru
ment; and here is a provision of this in
strument that these votes shall be counted
the manner of doing it is clearly con
stitutional and proper for Congress, 10 tn
exercise of its authority to carry into effec
the granted powers Of the Constitution, t
pass the necessary laws to count the votes
and Congress has done it from the beginn
ing Of the February 2. 1865
SENATOR JACOB NJ. HOWARD, Of
MICHGGAN.-l know that, | am comiu
to that clause, 1t seems to ,on the othe
hand, that the intention of the convention
which framed the Constitution was tina
the two houses thus assembled should sit tC
gether as one joint body for much highe
purpose than merely looking upon the cerC
mOny OF breaking the seals of the certif
Gates, aud that they are really required (
perform the Office OF counting the votes
This was the early construction given t
the Constitution by the Second Congress
Of the United States, which passed the &C
OF 1892. February 2, 1868.
b SENATOR GARRETT DAVIS, OF KEN
TUCKY,-This power to count the Pres
dental yotesiis certainly vested by the Cor
stitutiOn somewhere. 1t is vested in til
two houses. The manner in which tn
count shall be made is not prescribed b
the Constitution, Then comes in tn
general power given to Congress to pas
all laws necessary and proper to execut
any OF the powers vested by tn
Constitution in the Government or in an
department or officer thereof. -Februar
2, 1865.
SENATOR WILLIAM NJ STEWART, O
NEvADA.-The Constitution says:
The President Of the seuate shall. in the pre-
cncC Of the Senate and House of Representative
open all the certificates, and the vote shall then
counted,
l think it was anticipated that thu
should iirst count them and he should d,
clare the result February %, 1875.
THE TWO HOUSES REGULATE MODE O
COUNTING BY LAW.
SENATOR THURMAN, OF OHo,-Whe
power is vested in any department {
this Government and the mode of its exc