The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-01-24

sSIusluiLeu, duu tuc pIOfIsiUH III EeSnlu
10 counting the electoral vote was refer
red t. that committee and reported back
by the committee. He did not believe
that the trainers of the constitution in
tended that the President of the Senate
should count good. bad or Indifferent ceT-
tiicates, as was argued by the Senator
from Indiana Mortonl yesterday. 1t
had been said that the power OF the
President OF the Senate, though not ex-
pressed in the Constitution, might be im.
pied. He could not accept that doc.
triue. Authority to do ministerial act
did not imply authority to do Judicial
act. Had the President OF the Senate
power to send for witnesses, call for tele-
grams, and imprison persons unless they
gave them up? The constitution had
not endowed him with the power to set
tie difficult problems As early
as 1902 tbs State OF Ohio had In
Its Fundamental law the very
words of the Federal Constitution, that
the presiding officer should open the GER
tiicates and the votes should be counted.
Even at that early day it was under
sIOOu budt LuS VI luC StiIhlf
merely opened the certificates sRd the
two houses then proceeded 10 count the
vote. To open the certificate: was
pure. y ministerial act, but 10 count the
vote WAS something more. The good
certificates must be asssorLed from the
bad ones II New York sent As electoral
votes, only 30 would be true votes,
ha ln
the false ones. Ii the certificates from
Massachusetts should show that the
State voted for the Democratic candi-
date it would be false The world knew
she voted for the Republican nominee,
and il must be so counted. If the cleo
tors in one State had voted for j,
Adams Cesar, he meaGt julius Cesar,
late of Rome, Laughter or Harry the
Sth, those votes would not be counted
without inquiry. He spoke at some
length Is TO the consLitutlonslity of the
bill, and asked did not reason and the fit
ness of things inform the Senate that our
fathers intended the power 10 yitiste.
on the allegation OF fraud or irregulsrity,
the electoral vote OF State and thus turn
al election, should not be reposed in one
man? They knew that it would be safer
reposed in the American Congress. 1t
was not designe- 10 commit this vast
power TO one nan, especially as that man
might be sole judge in his own case.
Divine and human law, since the morn
ing Of time, SAID no man should
be Judge of his own case,
even though he sat with others.
If the President of the Senate had
power TO count the votes, bare ma
iority in the Senate might select
President fer the secret purpose of max
ing them count one way. Was such n
creature OF An hour safer anchor than
the two houses of Congressl No such
action was designed for this Republic.
the only considerable experiment Of
free government eXant on the globe.
Should this experiment tail. 1t would
turn back the hands on the clock Of ages.
Mr. Conkling announced that he would
not be able 10 conclude his remarks to-
day
Mr. Edmunds said ths. on account Of the
indispo.ition OF his friend from New York.
T Mr.. Conklingl who WAS not able 10 pro-
ceed to-day, he would move that the
Senate 90 into executive session, but
gave notice that he W. uld ask the Senate
to vote on the bill tomorrow.
Messrs. Boutwell,, Christiancy and
Wallace were appointed members Of the
conference committee OH the bill to per.
ieCt revision oi the statutes.
After an executive session the Senate
adjourned.