The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-01-05


partisan feeling, as a guide and rule o
action, can rightfully have no place
Obedience TO law, observance OF the Con
stitution, and the maintenance Of truth
70 not party question or proceeding. |
is beyond party and above party. Par
ties may contend-and ! believe II i
wholesome in a free government tha
parties should contend over measures
and candidateS-but, when the contes
has been submitted TO the ballot, fol
the final arbitrament Of populai
contests, the instrument known In our sys
tenn, the only duty, only lawful proceed
ing connected with II which remains Is L
find the honest and true result, to declare
it, bow to ii, and stand by Il. That il
the duty Of the hour. II rests on the two
houses Of Congress; II rest on the nation
II rests on every citizen OF the Repub
lie, to see that ii will be done, and dont
peacefully, decently and in order
These politicians do mol, j think, disbe
lieve that they, in common with all men
may derive confidence from the fact thai
interest and expediency, not less thar
patriotism and honor, point in one direc
tion and teach one the lesson that who
ever stands on right and truth will mol
fall, but whoever attempts to stand or
wrong and falsehood will be overthrown
The petition was referred to speCia
committee Of seven Senators, TO devise
means for proper count Of the electoral
vote.
Mr.. Wright, in a speech favoring biz
electoral bill, said: "Under no con
Struction, as it seems to me, can it bt
claimed that Congress in any capacity
certainly not in the absence Of leRisla
tion) has judicial powers or any other
power than to inquire and declare what
the people through their electors on the
fsce Of the returns have said as 10 theiI
choice for President. In saying this ]
do not lose sight Of the different theories
as 10 how this result is to be reached aud
who is to declare it. am sufficiently
understood for my present purpose | hop.
when ! repeat that in the absence OF some
law there is no power to investigate and
determine whether there was fraud in this
State or that; whether the State law wa,
wise or unwise in providing for the
organization Of it+ Returning Board
whether hundred men here or thou
sand men there would have voted differ,
emily but for intimidation, corruption
violence or fraud; whether the Returning
or CanvasSing Board or tribunal in q
State reached the true result from all the
facts before them; or the like. For
whatever any one may think as 10 the
powers Of the presiding officer, or Of the
two houses, acting separately or together
the laws gathered from almost, il
not quite unbroken precedent, from the
very foundation Of the government
would clearly seem TO teach that our
powers were pure by ministerial, mot at all
judicial in the exercise Of these powers
However, allow me to say that l do noI
suggest by any means, that either the pre-
siding officer or tribunal, or forum hav
ing the rightto decide, would be Conclud,
ed by mere declaration Of Il result upor
the face Of areturn, il the same paper
return, record, ,or that which by well settled
rules, and fair logic and law, is u part O
it shows that the declaration il itsel
false or untrue.
Mr.. Wright then referred at some
length to the appointment Of Cronin
Presidential elector in Oregon, and saiL
he acted as il impelled by wires pulled by
others. He (Wright) had no admira-
tion for man who cOnceiveS a mean OF
cunningly devised scheme and is want
ing in courage to execute il. lie did 10
believe Watts was appointed or clec.eC
within the meaning OF the Constitution
but his ineligibility did not elect Cronin
Mr.. Wright commented at lenngth OF
the Oregon difficulty, and asked why al
could not unite in the condemnation O
this gross attempt 10 cheat the people o
Oregon. He again referred to the power
Of Congress and the construction Of tht
Constitution in regard to the count OF thC
electoral vote, and said do not mucl
doubt that its competent for Congress tt
declare by law how this vote may anC
shall be counted. By this, Of course,
am not to be understood as holding tha
the returns can be directed or entrustec
to any other than the President Of ihC
Senate, nor that any orther than sucl
President can open the certificates, nor tha
they can be opened in the presence Of any
other tribunal as witness than the Senate
and House Of Representatives; but wha
| mean is that while these matters are
clearly pointed out and constituted By
the most express language Of the Consti
tuition, it would nevertheless he compe
tent for Congress, in the execution Of thC
language and the votes shall then b,
counted, to provideby law that the coun
should be made, for instance, by com
miLtee Of the two houses, by the Joint &C
tiOn Of the presiding officers Of each,
by their action in connection viii
the Chief Justice Of the Supreme Cour
or other person or persons, by the Judge,
Of the Supreme Court as Board mot a,
COURT, or in any other manner. In il,
discussion, the language "and the vote,
shall then he counted" does not in my
judgment contine the Congress TO any
special or exclusive method Of counting
the vote, and yet | will agree that il
was undoubtedly primarily in tn,
minds Of the farmers Of the Con
stitution that this duty, ministerial
merely, was 10 be and would bC
performed by the presiding officer in the
presence OF the two houses rs witnesses
and that it might be safely entrusted tc
him. lie argued that the makers Of the
Constitution contemplated and intended
that the will or votes Of the States, a,
certified to the President OF the Senate
should be ascertained by looking at these
certices and declaring the result. II
probably never entered their minds thai
anybody should or could at the Federal
Capital, aside from possibly some in,
quiry by proper judicial tribunal
question the right Of State to elect any
persons it might see fit TO, il not cousti
tntionally Ineligible, and in its own man,
ner to cast its vote for tue first and sec
ond officers in the nation. He argued
that there WAS no Semblance OF judicial
power or OF power in Congress to inquire
into how these electors were chosen, OF
whether they should have voted for one
person rather than for another. To have
recognized such power as existing in
the President Of the Senate who was tc
open the certificates, or in the two Houses
who were to be present to witness such
opening and counting, would have been
Al war with all their theories OF the elec.
toral system and the powers Of the States