Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1877-02-03


transcendent interests Of the country, and the
peace aud happiness Of the nation, must cause
al mere party triumphs 10 dwindle into utter
insisuifcance | took occasion few days
ago 10 express my opinion upon the powers,
privileges, and duties Of the House of Repre-
sentatives 10 counting the electoral vote for
President aud Vice President, and | endeavor-
el 10 show that in accordance with tie former
practice Of the Government, and the true con-
s,ruction Of the Constitution, result might
lie reached that would be in cons0nance with
the wishes aud feelings Of the eople OF my
State; and ye, in reaching this CONCLUSION l
had 10 assume that o coordinate branch Of
the Government would rise superior to all the
influences of party and concur with us 10 the
righ,fulness and Justice of our position. 10
this assumption might be mistaken. and the
country precjpitaied in 70 fierce and irrecon-
cilable couaict between the Senate aud House
Of Rrprescu tatiycS, which might lead 10 the
most serious civil couyulSiCus. | cannot,
therefore, but look with great satisfaction upon
any measure which, violating no provision OF
the Constitution, nor sur:enGering any night
Of the people, will enable US TO bring this
painful and menaciug controversy TO termi-
nation in a manner acceptable 10 the people OF
the Uuitel States.
The tin now under consideration comes be-
fore us with Lt recommendations il pro-
fesses 10 be measure of peace, of Cancellation,
Of order. aud of settlement. 1t processes to
be So lust and impartial in its provisions that
20 man can predict In advance what result
nav f,w from it, and il is alike Landed and
assailcd by prominent politicians OF both par
ties. Il comes before us unanimously recon-
mended by the able committee on the part OF
this House and sustained by the committee OF
the Senate with one exception, whose opposl-
ton 10 the measure cannot dlSparage u much
in my estimation. 1t has already passed the
Senate by more than two-thiEdS vote, re-
ceiv.ng the cordial and earnest support OF the
most universally esteemed members Of that
body without distinction Of party.
The bill fixes and determines three i'm
poriant propositions for which have hereto
fore earnestly contended:
First. II utterly explodes the idea that the
President of The Senate has any authority 10
determine the validity Of contested electoral
returns.
Secondly. It aflirms the righ, to count The
electoral vote to be in Congress.
Thirdly. II recognizes the authority Of Con-
eress TO 60 behind the face Of the electoral re-
turns and to inquire into the fact to what ex-
teut they may have been procured by fraud,
coerced by military power, OF manipulated by
score, and Illegal returning boards.
Ii is true it requires that where double re-
turns are received from any State, and the com
mission created by the bill shall determine in
favor of the acceptance Of one Of those re-
turns, the decision Of that tribunal can only
be reversed by the concurrent action OF the
two bodies. This is the only feature 10 the
bill that is not in accordance with my pre-
conceived opinion of the powers OF this House
and il is o concession based, on my part upon
the very high respect and Difference which
am disposed in advance 10 give TO the decisions
of that able aud upright tribunal.
! This bill has been aSsaied upon the ground
| that il is a violation of the Constitution and a
/ delegation Of our constitutional powers to that
commission. Ii this were true. il would be a
/ fatal objection 20 the bill but am unable &c
see any provision Of that instrument will
which il in conflict. 1t is conceded that the
/ Constitution Is not very clear aud explicit as
/ 10 the mode and manner Of counting the cleo
! ,oral vote. Where such is the case much
must necessarily be let to implication AMI
| legislation. The fair and juStimvlication, sU;-
/ tanned by the past practice Of the Government
| is that the power is vested il the two Houses
/ Of Congress That power is distinctly Tecog-
nized in the bill now before vs., and tho author
| ity given 70 The commission is bot delegation
/ of the power thus conferred. any more than
! The reference Of cause in court 10 a commits
I ,,l Ia N hoo ir u
upon those facts for tie Information and en-
/ ii.htcrment Of the court would be deleea-
! ton Of It's judicial power 10 that officer. The
right Of Congress, retained by this bill, to re-
/ iect any decision made by this commission up
on the law aud facts submitted by it is con-
elusive answer to the Ulj,cton Of surrender
or delegation Of our powers to that body. No
doubt very great weight will be attached TO its
decisions: they viii doubtless merit our fullest
confidence, AMI viii probably be acqaiesccd 10
without any dissent on our part; ye, we are
left entirely free to reject them IT they shall
not be in conformity with VIA, we believe to
be law and Justice.
II Is further maintained that The powers
conferred upon this commission are novel, that
the blending Of judges Of the Supreme Court
with committees Of the two Houses is unprc-
ceden;cd and dangerous, and that we are ven
turing upon an experiment which may mar
the symmetry and beauty Of our constitutional
system. THIS is a very great error The pro-
visions contained in this bill are neither novel
nor without scmblauce OF authority in our
past history. The present biil is modelled up
on a bill which received, 10 many provisions
similar to it, the approval Of both Houses Of
Congress in the year 1900, and which was
earnestly sustained by tie ability and intiu-
cnce Of John Marshall. afterward Chief-Jus-
tice Of the United Statcs-a name iliustrious
in the Jurisprudence Of this country-an1 by
many others scarcely less distinguished for
their eminent talents and constitutional leaFn-
ing.
As this bill, therefore, in my opinion, is
neither unconstitutional nor unsupported in
its general features by distinguished juristS
and statesmen 10 the earlier and purer days
u this Republic, the simple Inquiry is, does
it afford a fair and honorable means Of recon
cling the conflicting sentiments aud opinions
Of forty millions Of people, and Of prOlncins
a result which will give peace and satisfaction
10 the public mind Upon this point there
seems To be no ground for diversity ofopinion.
An overwhelming majority Of both branches
Of Congress look to the results Of this cum
mission with the unshrinkiug confidence that
it will remove every difficulty out Of our path,
and enable us to reach conclusion satisfactory
10 ourselves and to the nation. From all parts
Of the country-uorth, south, east and west
we are receiving memorials, letters, kilograms
proceedings Of public meetings, and resolu-
tons Of legislative assemblies, declaring their