The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1877-02-02
NENATOIs ssOssrON's VIEWS.
He Opposes IEse Compromise
Plan of EIecaInE Presidents.

INC -. - oSh"NS Ooh -, III ISSdIo
to the bill appointing a triangu-
lar commission, TO count the
electoral vote.
Consideration was resumed of
the bill IN regard to counting
the electoral vote, aud Senator
Morton took tue floor. He said
the bill was the product OF the
Mississippi plan; the shadow OF
Intimidation had entered the
senate chambe He believed
Rutherford b. Hayes had been
electeG. president of the United
States, under the forms of law,
and according to law, and should
he be counted in, as eighteen
presidents had been, and inaugu-
rated, there would be no revolu-
ton; there have been many loose
opioions expressed because OF
first Impressions. without exam
nation on this question. i had
supposed that all agreed that in
the absence of legislation, the
president of the senate must
count the vote. The president of
the senate did count the vote
for seventy two years. TelIers
were mere facilities for making
calculation, keeping account they
counted what the president of the
senate hands down to them to
count, and handing them the
certificates to count was q declara-
tien OF the vote it contained
from 1889 to 1861. The resolu-
tions appointing tellers, provided
that they were to make q list of
the votes as they were declared.
The counting of the votes was
a ceremony to which the two
houses were witnesses. The con-
stitution provides that the presi-
dent of the senate, shall in the
presence of the two houses, opor
all certificates, and the votes then
be counted, and if no one candi-
date has a majority of all the
electoral votes appointed, the
house shall Immediately proceed
TO elect. The process contemplat-
ed was a very simple one; simply
open the certificates, and count
the votes, but contemplated no
time nor place to try the question
of the eligibility. either OF candi-
dates or OF electors. Whethe.
the electors were eligible, was a
matter left with states under the
injunction of the constitution.
The handing down of a certificate
by the vice president was a,declara-
tionof the vote contained in it.
Very few republicans respect this
bill will be taken by republicans,
if taken at all, as dose of caster
oil, Senator Edmuuds burned
his ships behind the bill when
he denied the power of the presi-
dent OF the senate to count the
votes in the absence of Iegis!a-
ton; he thus seemed to make it
necessary to accept this bill. 1t
has been announced by members
of congress that one hundred
thousand men were to be here on
the fourteenth of February, ten
thousand to come from Kentu cky
alone. hope our Kentucky
senator's will make arrangements
to entertain them handsomely.
We hear notes of preparation
everywhere. Senators are afraid
of violence; of some desperate
revolutionary act. We are told
that we dare not count this vote
as it was done for the first seven.
ty-two years of our political exis.
tence. cannot describe the
dangers to which we are subject
they do not spring from violence,
but from weakness on our own
part. The power to count the
vote resides in the president OF
the senate, or in the two houses. II
it resides in the two houses il
cannot he delegated to a commits
sion, or to a court. The mere
matter of counting the vote is
clercical, and may be performed
by tellers. II any question arisesoi
judgment or discretion it cannot
be delegated to a commission
The decision of conference COM
mittee is binding only upon be
ing ratified by both houses, but
the decision of this committee is
binding unless revised by the
action of both houses. 1t is in
every respect a court invested
with high judicial power to decide
questions of law as well as fact
with a right of appeal. not tc
another court, but to both houses
of congress. The power to count
the electoral vote is either a polit.
ical or a judicial power. If 1t il
q political power, it must be de
cided by the the political depart
ment OF the government and can.
not be delegated to q court. i
it is a judicial power, it must be ex
ercised by court and not a politi
cal department of the govern
ment, and an appeal must be
taken to another court and no,
TO the two houses of congress,
for judges of the supreme court
are selected by circuits, and cir,
cults are selected because of the
political antecedents of the judg-
es. The senator from Vernon
does not do himself justice wher
ne represented that these judges
have been selected because o
their geographical distribution
and the bill, in selecting then
by circuits instead of by names
sets up a harmless little shan
that deceived nobody. There is
no power to go behind the returns
If the election of the electors i.
certiicated by the proper return
ing or canvassing officers OF The
state. The states courts Car
not do il, nor can congress, mo-
United States courts. The cleo
tors arc to be appointed in suct
manner as the legislatures of thG
states prescribe, and when thu
manner Is prescribed blythe l0gisla
lures Of the states, that is finA
and binding on all parties, and
THE NJ III hnnI ro0ard 70 tho OnoC