The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-02-15

&c and transmitted sealed to the
seat Of the general government,
directed to the President of the
Senate. The President of the Senate
then IN the presence of the Senate and
House OF Representatives, shall open all
the certificates and the votes shall then
be counted" That is all the electors have
TO do; this Is right not inherit in
State, but detivative from the Constitu-
tion of the United States, which is as
much part Of the Constitution Of every
State as it is OF it. Every word and let
ter in this Constitution is as binding on
State as on the United States.
Mr.. Trumbull referred to the unsHi-
nous report made by the Senate Com
mittee in 1873, and said, What was the
result Of that report2 The Senate and
House of Representatives voted not to
count the electoral vote Of the State of
Louisiana. Coz gress looked into
it and its committee report
| ed that the votes had never
been carvassed b. anybody having the
authority to canvass them, and the result
Wds tudt buc NOto VI tuc oIh tC VI hOuisi-
ana was rejected.
Justice Brsdley-Who made the can.
vass at that timer
Mr. Trumbull-It was required to be
made by the Returning Board, which
consisted of the Governor, the Secretary
of State, the Auditor and two other per-
sons, and there was controversy as TO
which was the true Canvsssin & Board.
Justice Bradley-It was held that the
proper Board had not made the canvass.
Mr.. Trumbull--It was not decided In
the report of the Committee on Privi-
leges.
Senator Morton-Hsve you the whole
report there2
Mr.. Trumbull-I have. One of the
points stated is that the persons who in
TACT made the examination and count,
had no legal authority to do so.
Senator Edmunds-Do l understand
you TO say that the judgment of the Sem
ate four years ago was on the question OF
the fact as to what the real vote of the
people Of Louisiana was?
Mr.. Trumbull-lt is difficult to tell on
what consideration the Senators vote.
The certificate of the Governor of LOU
lsiana in that case was in proper form,
and for the same reasons both Houses
concurred in rejecting tho vote of LOU
isians, so that if this amounts TO any
thing, it is decision that the duly su-
thorized certificate OF the Governor is
not conclusive in the two Houses of Con.
gress.
Mr.. Edmunds resolution adopt
ed there was that all objections presented
having been considered, no electoral vote
purporting TO be that Of Louisiana should
be counted. This was adopted by vote
of 33 to l6
Among the objections was one by Mr..
Carpenter, of Wisconsin, on the ground
that there was no proper return of votes
cast by the electors in the State OF
Louisiana, and because there was no
State government republican in form,
and because no canvass or count Of the
votes had been made prior to the meet.
ing of the electors. Another objection Of
similar import was made by Mr.. Trum-
bull, OF Illinois.
The Presiding Justice You are entitled
to the floor.
Mr.. Trumbull-Unless you yield, pro.
ceed.
Senator Edmunds Ito the presiding
Justice, with some ssperity Of tone)-
you mean TO say that q member of the
Commission cannot make an inquiry?
The Presiding j Justice,( (suthorltstively)
Il say that Mr.. Trumbull is entitled TO
the floor.
Justice Bradley TO Trumbull)- l
understand that the decision of the Sen
ate in that case went to form, and not to
point our whether the certificate Of the
Governor was not conclusive
Mr.. Trumbull read Gov. Warmoth's
certificate in that case, and said that this
one thing was certainly settled BY Con-
tress there, and that was that the COVER.
nor's certifcste-the same as that known
as No. in this case-might be overruled
by the concurrent action OF the two
houses. The report Of the committee
WAS that the vote had not been properly
csnvassed. Now we propose 10 show
canvsssed; that the pretended canvass
was fraud; that the papers are forged;
that the returns are altered aud falsihed,
and wonld like to know if 8 count
under such circumstances is any better
than q count made By persons who had
not any right TO count. II the action o!
Congress is good for anything in that
case, i, must be binding on thi; Commis-
sion.
Justice Mlller-Allow me 10 make 8
point which came up in the Florida case
ano TO which attach 8 good deal Of i'm
portaace. II the onl y thing that 8
Republican Returning Board can do is to
determine whether certain polls are to
be counted or rejected, your argument Is
q perfectly good one, bat is it not also
true that the jurisdiction OF the Board
ls commensurate with the duties and
functions which it has to perform, and is
i, not true that the one main fact which
it has ~ perform is TO ascertain who are
the electors and 10 declare thst factI
and can it be said that If the Board Is
mistaken IN the law in some points while
dischsrglng that function, that mistake
il so i1risisdictional a. TO to yitiats its
feturnl
Mr.. Truubu!l-So, sir; l do not con-
tend for that
Justice Miller-Then my suggestion Is
that the jurisdiction of thai board il 70
Ascertain and declare who were elected,
and that all below that 10 the exercise OF |
the nesus snd mode o! procedure.
Mr.. Trumbull-To that 1 cannot quite !
assent I assent entirely TO the PROPOSE |
ton that IN any matter over which the |
board had jurisdiction and discretion TO
set its judgment is not 20 be disturbed. |
The point which make is whe;he, it il
i,s duty to convass and compile the vote. |
1, is also it, sworn duty not 10 take juris-
d.c.ion OF the question Of rejecting votes, I
uule., four ds,ion i. laId for it.
Mr.. TrumbOll next argued against the I
legality of the Returning Board, and in |
sisted ihat ie Was not competent for tour
parsons ~ act