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

CONSTITUTION, Ne ASSUMES u reiSHs
of the government.
Was it the will of the trainers of
the Constitution, of Washington,
jefferson, Adams, Monroe and their
c~o-adjutors that any such dangerous
powers should be conferred by the
Constitution? 1t would seem other
wise when in the Preamble to that
glorious old instrument, which has
carried US safely over the breakers
for . hundred years, it is declared
that ''to secure the blessings of lib
erty TO ourselves and our ~posterity,
this Constitution of the United
States is ordained and established"
It would seem otherwise in view of
the Interpretation which has been
uniformally given to that instru-
ment as to the powers and duties of
Congress over the Electoral votes,
whenever the emergency has arisen
since 1880. On the 10th day of DC
tober of that year, Congress passed
an act which is upon the statute
books to-day, embodying the same
principle as that in the Twenty-sec-
ond Joint Rule. In 1892 a supple
mental act was passed, extending
and charging the duties Of Congress
in this behalf under the Constitu-
ton. II the law of 1880, of 1892,
and the law Of Congress embodied
in the act now known as the Twenty
second Joint Rule, were unconstitu-
%tional, would their validity have
passed unquestionea until to-day?
If the Twenty-second Joint Rule had
been adopted in 1855, simply to meet
any emergencies which might arise
in the counting of the Electoral
vote of that year, why should it
have been adhered to and observed
in the counting of the Electoral votes
in 1869, when the vote of Georgia
was thrown out, and in 1872 when
1.-THE the vote of Louisiana was reject
ed2 If had been repealed or abro-
gated, why should the Senate ap
point a committee of Conference to
arrange with the House a method of
counting the electoral vote now pend
ing. In that movement on the part
of the Senate is recognized the prin-
ciple that the President of the Sen
ate is simply a ministerial officer, and
not possessing the judicial functions
of passing upon the validity of the
certificates of the electoral votes sub.
mitted to him, to be opened and pass
ed by him to the Tellers,-the agents
of the House and Senate to count
the votes and declare the result.
Does the Constitution authorize
Congress to pass such law as that
known as the Twenty-Second Ioint
Rule2 If it does not, then have the
most eminent members of Congress,
living or dead, been laboring under
a serious misapprehension. Speaker
CoLFAx upon this subject said, (see
Con. Globe of 40th Congress, page
lo64:)
by the Constitution of the Uni.
ted States the President of the Sen.
ate presides in joint convention when
the electoral votes are couned. The
Constitution proceeds no further
On the 9th day of Feb, 1866, the two
Houses Of ongress passed the Tween,
ty-Second Joint Rule, in order sofal
as possible, to prevent scenes Ike
those which have occurred in the
Joint convention which has just al.
journed. If this rule stood alone il
would follow necessarily thst if any
; objections were made to the counting
of any vote from any State of thu
Union, whether that vote we. count
! ed or not, the two Houses must NEE
lin their respective chambers, anc
without debate, decide the ques
tion."
If the sentiments enunciated il
this and other speeches of the hon
orable gentleman, conflict with hi
u~tterances in his late article pub
lished in the New York Times, it i
for him to reconcile them if he cal
| not US. Hon. BENZ. F. WADE, actia,
} as President pro tempore, said, Use
Con. Globe, vol. 40, p. 1O52:)
| of a question was raised involviu;
! ing the concurrent resolution, til
Chair would hold. no doubt, that til
concurrent resolution must be al
hered to in joint convention, at al
Y events until it should be repealed"
i Mr.. GARFIELD said, (see Cor
Globe, vol. 40, p. 1909
ST objections were made to tn
a counting of the vote. of any State, til
e Vice President would be thrown bac
upon the provisions of the Twenty
Second Joint Rule, in which latte
law 1T sooald mace it the duty of tn
Vice President to reject the yot
from the count"
e Hon. o. P. MORTON recognized tn
power of Congress over the count {
IS the electoral vote, in the introductio
of the following resolution in tn
g Senate on the 10th day of Feb. 1856
{ (see Con. Globe, vol. 40, p. 1050:)
e "That while there is reason to b,
liese, from common report, and il