Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1877-01-18
THE rnEsIpENr Or THE SENATE
AND TIN ELECTORAL COUNT.

Il Is probable that some plan for
counting the electoral votes will be pre-
ssntsd to Congress to-day BY the Joint
Conference Committee, which has boon
trying 10 solve the vsxsd question. II
the outline Of the proposed plan As
given In our dispatches 10 correct, and
it probably is. II is very doubtful whether
1t will meet the appreciation Of Con-
gress. and II il certain that it will mot
meet the views Of the people at large.
The Supreme Court il strictly . judicial
body; its powers and duties are clearly
defined by the Constitution. and beyond
that Il has no right to 60. unless au-
thorizsd by an amendment 10 that in
strumnnt. We believe that IL would be
wise to sntrust the counting Of the votes
to that august tribunal, and make Its
decision final; but that can only be done
BY means Of q constitutional provision.
and until such . provision Is adopted
and ratified, all the acts OF all the Con-
gressss that ever sat win be powerlsss
to draw them int the political masl.
strom.
The plain matter Of fact is, there
never should have arisen any trouble at
all about counting the votes. The
mode is clearly prescribed in the Con-
stitution. and no lssislation IL necessary
to give 1t effect. II distinctly declares
that the President Of the Senate shall
open the certificates. and the votes shall
then DO counted. II il plain that the
intention WIS to make that officer the
sole Judge Of tho validity Of this returns,
aud his judicial functions in this respect
would 10 recognized now as 1t has been
hs~rstofors. had either candidate received
. respectable electoral majority. But
whom the throwing out Of m State may
give the election to the opposition, the
temptation il great to gain the power to
throw out that State. And 30 the two
Houses arc wrsngling over the matter.
wasting tho peoples time and money.
and will undo ubtsdly sndin taking from
the President Of the Senate all his
power. and making Of him n merely
ornamental figure-head in the busi-
ness.
It Is presumabls that the trainers Of
the Constitution had at least a vague
idea Of the meaning Of its provisions,
although II would be prssumptuous to
imagine that they understood the crsa-
ton OF their own wisdom No clearly ~
the Fernando Woods and Ben Hills OF
this advanced generation. Still every.
body will admit that they had some
glimmsriug notion Of what they
meant by the provisions which they
inserted in the instrument, and over
which they debated and consulted 30
long and so earnestly. This being the
case the ~opinion-or rather. the posi-.
tive ststement-of u Of the wisest and
most patriotic Of them. on this subject
Of counting the electoral vote. while II
cannot DO expected to have any influ-
sncs upon our brilliant statesmen at
Washington. will possibly prove inter-
esiing TO the reader ~ q relic OF that
ridiculous statssmanship OF the past.
which laid the foundation OF the grand
structure. which the present generation
seems to be doing all in its power to
pull down. Here 10 what Charles
finckney Of South Carolina said in
1900. just thirteen years after signing
the Constitution:
"Knowing that II was the intention Of
the Consultation TO make the President
| completely independent Of tho Federal
Legislature. l we'll remember II was the
| object. ~ IL IL Mt present not only the
shirt but the letter Of that instrument. to
give 10 Congress no interference In or con-
troll over the election Of . President. II Is
made their duty 10 count over the votes In
~ - A.
pro.idsnt Of N. senate to declare who has
the majority Of the votes Of the Electors 80
.Ia .,a =, n",. ~. Nv. IN ~. ",n.,i,.,Ion
to have given to Congress thus assembled
In convention the right 70 object 10 any
w,r. Cou,ti,u,iopsiIy or propsrly given.
This right Of determining on the manner
IN when ,he Llse.or. snah .o". In m
ru.r,l. necessary to prevent disqualified
or improper men voting. and to insure the
so'ss os'Is ,,s1g y 4. a,.,. Isri.l.,nro.
N il is necessary to have guards against
improper elections. Of Electors. and to In
ise.,iSa., with The State Issi.ls,ur,s and
with them alone rests the power to insti.
tnts .hem, anu Ihsy mus, shereise ~. 10
800 ;,s ~, ~ s .,na, ..a ~
,o,.. ~ stat. wa"lI h,ye I'm 40 oro..
~ ~" asns,.,,a ."sL.na
guilty oil"
MIR. finekney' TO be sure Is not
/ much OF au on the COnslitu-