The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1877-01-11

anu as safe 70 assume this ungranted
authority as two OF three hundred mem
bers OF Congress, many of them men Of
very limited capacity7 If a case OF ne
cessity should arise, the President Of the
Senate is surely the man to meet the
emergency, and he alone. He, and he
alone, is to have possession Of the certifi.
Gates. Here are two. for instance. from
Oregon, or purporting TO be such. Where
will Harper's Weekly, or any other au.
thority, find that he is to ask any ques-
tions what he shall do2 Can the two /
Houses of Congress, present for the pur- |
poss OF acting in case the count shows no /
choice by the Electors. demand the pos. |
session OF the pretended certificates for |
inspection They are sent to the Presi !
dent of the Senate and Jy him to be |
opened. Suppose either or both Houses
shall take possession Of them, and de
clare that they are not genuine. and re.
fuse to deliver them back to the Presi.
dent Of the Senate. How can he per
form his sworn duty, to open them?
People are entirely too much inclined
to take for granted what some eminent
man, or great lawyer may say. Every
man should investigate, and think for
himself.
AT the Democratic meeting in Cincin-
natl few weeks ago, several eminent
men made speeches. One Of them was
Hon. Rufus King Among other things,
he said:
To the two Houses, then, and not to the Pres
onicer, is committed by the Consriiuiioa the
high trust OF canvassing and counting the Elec-
| tolaa sotes. " ntihei thty hhould act a. 4 Notl-
yenuon, consisting OF the members Of both
/ Houses, or as tw" organic bodies, q an impor-
iant question: but SEEMS 20 be settled by prrce-
dent against the theory of THEN acting as a
| Convention.
Mr.. King was clearly wrong in saying
that the two Houses Of Congress had the
canvassing and counting Of the votes.
but he was clearly correct in saying that
the two Houses were not present as
ljOint convention. But then, at the same
meeting, came a more eminent man,
Hon. Henry Stanberry. who was once.
| think, Attorney General Of the United
States, and in two places, spoke OF the
two Houses being present in joint con-
vention. In this he was surely mi :
taken. He said:
As part OF the people we will proceed 10 give
our response In such a manner we trust as will
be acceptable to those Of Us now present Of both
parties. We all recognize the fact that the Con-
stitution OF the United States has provided for
the assembly In joint convention of both houses
February next after ,every PfeSidential elec.
uon, In which convention the Electoral votes
are 70 be counted on that punctual day, and
not before, II II To be declared In the very lam
guage OF the Constitution, that the person hav-
| Ing the highest number OF votes for President
No other authority, official or unofficial, Is
vested with this power TO declare the result
and announce the person elected President
In the discharge Of this great trust with fidel-
ity and impsrtiality. and according 10 the
usage established for the action OF the conven-
tiOn, the people will acquiesce and accept the
President so announced. We do not hesitate "a
wise and safe course i to follow the old way,
established from the foundation Of our Govern
ment for the action OF the joint convention
rather than To invent new ways TO meet party
emergency.
Perhaps Mr.. Stanberry thought that his
great reputation as a lawyer, would pre-
vent any investigation as to what were
"tbe old ways established from the foun
dation Of the Government" A few
weeks ago published from the official
records, to show that from the election
of Washington, in 1889. to the election
Of Adams in 1925, the President of the
Senate opened the certificates and counted
the Votes for President and Vice Presi
dent
An attempt was made in Congress as
early as the year 1901, to give Congress a
voice in this matter. Charles Pinckney
OF South Carolina, was an eminent states
man. and he said, in a speech in Con.
gress, upon the bill introduced:
Knowing that Il was the intention OF ths
Constitution to make tire President completely
independent Of the Federal Legislature, well
remember IL was the object. as Il Is at present
J not only the spirit, but the letter OF that in
strument, Ia give TO Congress no interference
IL is made their duty 10 count over the votes in
a convention Of both houses, and for the Presi.
dent Of the Senate to declare who has the ma
jority OF the votes OF the Electors so transmit
J ted. IL never was intended, nor could 10 have
been safe, in the Constitution to have given "a
| Congress thus assembled in conyention M
right to object to any vote, or even 10 question
whether they were eonstitutionally or properly
ner In which the Electors shall vote-the In.
quiry into the qualifications. and the guards
necessary TO prevent di@quallned or impr0pel
men voting, and to insure the votes being lc
, gally given-rests and Il exclusively vested IN
4
have guards against improper elections OF Elec
tors, and TO institute tribunals TO inquire intS
their qualifications. with the state Legislatures
and with them alone rests the power 10 insti
tute them, and they must exercise ~. To give
70 Congress even when assembled in eonven
ton, right TO reject or admit the votes o
! States would have been 50 gross and dangerou
never could have been guilty or
Some time ago | gave an extract from
: Kents Commentaries; will give i
again:
The Constitution does not expressly declar
by whom the votes are to be counted aud tn
! result declared. In the case OF questionable
voies, and a CLOSELY contested election, thi
power may be All important; and, presume
he subject. that the President Of the senat
counts the votes. and determines the FesuIi
I and that the two Houses are present only -
: spectators TO witness the fairness and accuracy
Z OF the transaction, and to act only II no choic
: be made by the Electors
! In his message in 1867, President An
{ drew johnson said
i The mode and manner OF receiving am
: counting tine electoral votes for President an
, Nice President OF the United states are in piaii
, aud simple terms prescribed BY the Constltu
, ton. That instrument imperatively require
, that the President OF tue senate shall, ia tn
, presence OF the senate aud House OF the Repre-
, sentatives, open all the certificates and Tn
! votes shall then be counted. Congress, has
! therefore, no power, under the Constitution, 7
receive the electoral votes or reject them. tn
, ence OF the two Houses the votes are counte'
, and the result declared. In this respect tn
D,,wer and duty OF the President OF the Senat
are under the Consultation, ministerial.
So much for the old ways" But
must stop for this week.
Farm For Sale.
The farm owned by DR.. Cherington durin'
/ tI- IfEs lime a ofFarad for sale lies three