The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1877-01-13
THE PRECEDENTs.

cal mart of the recent work, issued by the Ap-
letons, of New York, giving cohp!e'e OH
cial record of the proceedings OF congress I'll
the counting of the electoral votes In all the
elections of President and Vice President
since the organization Of the government to.
perher with all the congressional Legislation
incident thereto, or to proposed legislation en-
the subject The whole work embraces
volume Of $50 large octave pages, but the
pamphlet before US gives the substance. The
work was prepared with the greatest care, by
an impartial hand, the only object being to
give the full record and the exact truth
Without undertaking to compil" ICON so
elaborate work even the briefest cpitome oil
its contents, it is enough to say that glance
at its first half dozen pages is enough to Ge'
m dish the entire fabric Of that false assump'
ton of powers IN the President Of the senate
over the counting Of the presidential vote up
on which the monstrous ant.Chandler.M Nor
ton conspiracy to count in Hayes is built
Among many Others equally important ana
established by this record;
That at every counting of the electoral vote
by congress from 1903 to 1878, the counting
was done under the direction Otthe two houses
of congress, by tellers, the senate appointing
one and the house two.
That in not one instance, from 1903 to 1873,
did the President of the senate count or pre-
tend to have the right to count, the vote
That IN no instance IN the history OF the gov
ernment did the President of the senale pre-
tend to decide on the validity, regularity or
irregularlty of a return or certificate from any
state, but that IN all such cases, and they are
quite numerous, the two houses separated to
vote upon the question, and that an dDtrnatioe
vote of both houses was held necessary to
count disputed vote.
That the President of the senate was never
even conceded the right to preside at the
meeting of the two houses to count the presi-
Dental vote, but that the custom has been,
when the two houses met in the senate cham
Der, to give the chair by courtesy to the speak
er of The house; and when the two houses
met in the representative hall, to give the
chair, by the same courtesy, to the president
Of the senate.
That the only function the president of the
senate ever performed in regard TO counting
the electoral vote was to open the certificates
and hand them TO the telers, the tellers read.
ing them and counting the votes as directed
by the two houses; and the president of the
senate, after the count was completed, never
even declared the result, except with the tor
NAL words that he did so by the direction Of
the two houses of congress.
And lastly, as regards the two or three mott
fication certificates, which the coHsplrators
quote as the basis of their monstrous assump.
ton of power in the president of the senate
the certificate, for example. by which John
Adams In 1907 notified himself Of his own
election as president and used the words,
"having opened the certificates and counted
the votes, certify" &c, and the two or three
like certificates similarly worded found in
the record-it is proved that IN no case where
such certificate was made did 1t accord with
the facts, as shown by the record-tor the pre-
sident of the senate mercer counted the vote
since 17S7-and the only way the use of such
language in The certificate can be accounted
for is, that it was done by copying the exact
language of the certificate made in the case of
Washington's first election, when the presi-
dent of the senate did count the vote, but
which cannot serve as precedent, because
that count was made before the adoption Of
the 18th amendment, under which the count
ing has ever since been done.
These are few-by no means all
strong points established by this record. They
are conclusive of the case and demonstrate
that If the programme of the conspirators is
carried out and Hayes is counted in by the
assumption Of the extraordinary powers claim
ed for the President of the senate, it will be
such adsregard of the plain terms Of the con
sttuton, and of all law, precedent and usage
on the subject as 10 amount TO revolution,
subjecting the prime movers in it
to prosecution for the crime OF high treason,
"