Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1877-01-10
the PRESIDENTIAL COUNT.
senator Wright's Speech on His Bill
for q Court for Contests,

in speech favoring his cleo
toral bill, said he saw no way in !
which Congress could have judicial
powers, or any other, than to inquire |
and declare what the people, through |
their electors, on the face of the re- |
turns, have said. He did not lose
sight of the different theories as to |
how this result is TO be reached, and |
who is to decide it. There is no pow
er to investigate whether there was
fraud III a State or whether the state
law was wise or unwise, nor wheth-
er intimidation, fraud, etc., existed,
and whether the canvassing board
reached true result. Whatever may
be thought to be the powers of the
two houses, the unvarying precedent,
and undoubtedly the law, is that
Congresses powers are purely minis
tcrial, not judicial. / do not, howcv-
er, suggest that either presiding Off
Ger, or tribunal, or forum, having the
right to decide, would be concluded
by mere declaration of a result upon
the face of return, il the same paper,
return, record, or that which by we'll
settled rules and fair logic and law,
is part of it, shows that the declara-
ton is itself false or untrue.
Senator Wright then referred at
some length to the appointment of
Cronin, the presidential elector in
Oregon, and said he acted as if inn
pcllcd by wire pulled by others.
He (Wrlght had no admiration for a
man who cOnceivcs mean or cum
ningly devised scheme, and is want
ing in courage to execute it. lie did
not believe that Watts was
elected within the meaning of the
Constitution, but his ineligibility did
not elect Cronin. Why could not all
unite against this gross attempt to
cheat the people of Oregon. Congress
could probably declare by law how
the electoral votes shall be counted.
BY this assertion he did not mean
the returns could be directed or en-
trusted to any other than the Prcsi-
dent of the Senate, nor that anybody
else could open the certificates, nor
that they could be opened in any 9TH
or tribunal than the Senate and House,
but that while the Constitution accu-
rately covered these points, Congress,
might, in the execution of the Ian.
guage, 'and the votes shall then be
counted" provide, for instance, that 9
COMMITTEE of both houses might count
them, in connection, perhaps, witt
the Chief Justice of the Supreme
q Court. The language of the Consti
tuition does not direct any specia
method of counting, though it wa
Undoubtedly primarily intended tina
. the President of the Senate count til,
votes. 5G
The makers of the Constitution con
, templated that the votes, as certified
to by the President of the Senate
should be declared. 1t probably new
er occurred TO them that anybody bu
: a judicial tribunal could ever ques
ton the right of a state to select an
= person it might see fit, if not const
4 tutionally ineligible, and in its ow
' manner cast its own vote. To recog
q nize the power of the President {
n the Senate to inquire beyond the fac
: of the returns, would have been cor
!. trary to the theories of the electors
's system, and powers of the states an
: Government. They intended that I'll
/. two houses should be witnesses, II,
4 actors. The only inquiry is, What
" the vote of State? He urged that ,
If good citizens we should not atteml
n to overthrow properly cstablishc
4 prccedents or usages. He confesst
!. that he had the gravest of doubts
to whether the decision of the Pres
dent Of the Senate was final, but VI
,e inclined to the opinion that if the
10 was an appeal from his decision, Il
se two houses might, by concurrent a
te ton, override it. He decides, in otl
90 err words. whether, prima facia, Il
r. vote shall be counted, and the tv
re- houses, acting concurrently but Sc
20 aratcly, may reverse his decision b
Re both the presiding officers and Il
n two houses must pass alone on VIII
At is certified there was no compromi
;s to be talked of between truth al
ct falsehood, vice and virtue. The n
IN ton cannot afford to yield its prin,
10 pies. Corruption, violence and
nm timidation are bad, but the usurp
+ ton of power not warranted by {
~ Constitution is worse. There is da
,il ger enough i'll the bare attempt
be carry a great election by artificc a
is. a resort to means the most questiC
ms, able, without mourning the haza
w. and striking a blow at the very Wit
on of the Government, by abandoni
I'D the safeguards of a Constitution a
nv listening to the demands of incen
no aries who threaten internecinc W
III with the ruin and desolation to I
country which would follow.
RI would be great wrong and misft
IS tune to declare any one elected Pr,
to ident who was not so, but better til
,at even, than that Congress and I
d. country should be diverted from I
rot line of duty by a rayenous crowd
re- place-hunters and sensationalists, W
zee care more for their own person
Of gain by means the most violent a
TO lawlcss, than for the welfare, gu
tcs and perpetuity of this great count
lrd One days resort TO violence or of
70. archy would be worse for the peoI
of and bring greater reproach to {
ma civilization and to our blood SAM
not fed institutions, in the esteem of
lev good men, irrespective of party, IL
me four years of administration heai
Ms. by either Hayes or Tildcn. We
its stand, and the country can live, an
lies hope, prosper under either. 1t C
an not and must not be driven to the
deal which all law -abiding citiz
would deprecate, and to arrest VIII
has they must, and I know, will, ST.
Til together.
ON In conclusion h. spoke Of the /
pie of Iowa, and said they wo
per- submit to no compromise with wro
Til but they would sacrifice feeling, ht
He treasures, and all, for the right.
ess. ------ 49,