The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-01-23

that deceives nobody. There is
no power to 60 behind the returns of
the election of the electors. If certified
BY the proper returning or csnvassing
officers of the state, the state courts can
not do it, neither can Congress, nor the
United States Supreme Court. The elec-
tors are TO be appointed in such a man.
ner as the legislatures of the states pre-.
scribe, and when their appointment has
been certified in the manner prescribed
by the legislatures of the states, it Is fast
and binding on all parties, and this with
out regard to the question as
TO whether the votes are to be
counted by the President of the Senate
or by the two houses OF Congress. Or this
committee to 60 behind the decision of
the returning officers of the States would
be utterly subversive of State rights, and
would draw TO Congress the power that
ives intended to be left to the States. 1t
would transfer to Congress the right to
decide who have been elected by the
States, instead of leaving the States
to themselves. As we'll might
Congress assume 10 determine who
have been elected Governor and
other State officers.
The bill is compromise, in which the
the Republican party has yielded vital
point, and will take place alongside
with the compromises OF 1850 and 1920.
By the compromise of 1920 all territory
south of the latitude of $50 30> was
yielded TO slavery, and it was repealed
when slavery needed the territory north
Of that line. BY the compromise of 1850
the South received immediate benefit in
the passage of the fugitive slave law,
which gave it the prestige and power
that made it aspire to the conquest OF
the whole country. The compromise
measures generally succeed for time
and result disastrously. The vital part
of the bill and most objectionable is that
which confers jurisdiction on this com
mission. They are invested with all the
powers which belong to both houses or
to each house acting separately. They
are instructed to find out who have been
duly appointed or elected as electors,
not who have been properly GER
tilted to by the state authorities as having
been elected, but who in point OF
tact have been elected, and thus are re-
quired expressly to go behind returns
from the State. They are authorized to
receive and consider unsworn petitions,
depositions, and other papers, and in tact
all papers, and to act upon them-petit-
ions, reports and any kind OF papers that
both houses of Congress have. The two
houses OF Congress have rs we know
the power to act upon the information
of petitions and reports or any kind OF
evidence that satisfies the minds Of IFS
members. In these petitions, depositions
and reports are not to be made basis OF
Judgment the reference is useless. Peti-
tions and reports are authorized by the
Constitution and laws, and Congress, rs
we know, may act on them, and this
commission is clothed with the same au-
thOrity. We stand in the presence Of a
case that is made up. This bill pur-
ports to be for one case, and differs from
4 proposition which is TO be continuous
law and not made in the presence of u
particular case. 1t is claimed that the
commission ls lett tree to decide whether
they can go behind the finding OF the
state authorities or not. Not so; it ex.
pressly requires the commission to 20 be-
hind them by requiring it to find out who
in fact was elected.
Could any lawyer of any party
have been found six months ago
who would have ssid that either
house could go behind the returns
from the States, and enquire who got the
most votes? And perhaps you can
hardly find Democratic lawyer who
will now deny that proposition. Such
are the mutations of public opinion. ln
the bill of last year there was no authority
to 20 behind the returns, or to consider
othe- papers than the certificates from
the States. In the bill of 1900 it was
expressly provided that they should not
20 b, mind the returns TO count the votes
for electors. If we concede, for the sake
of III 1ument, that the two Houses have q
right to count the votes, there is still a
question lying behind tRat, and
independent OF 1t, and that is
what papers the President OF
the Senate is required to open in the
presence of the two houses, AID hand to
the tellers. The electors of the several
States are 70 seal up their votes and the
lists made up by the Governor, and en-
close them TO the President Of the Sen.
ate, endorsing the names of the electors
upon the outside of the envelope. be
is thus notified who are the electors, or
pretended ele 2tors, who have voted,
whose votes are contained in the en-
velope. 1t Is certificate from
the electors and none other that he is re-
quired to open in the presence OF the two
Houses. He is not, in fact, required 70
receive the certificates of anybody but
the true electors of the State. de Is
therefore required, in the discharge .;
the duty of his office, 10 determine aud
present the true certificates from the
electors OF State. lie Is bound. rs az
officer Of the Government OF the United
States, TO take notice OF those who
have been declared elected by the proper
authorities OF the State, aud when Ger
tI6cate comes into his hands It is his
business At once 10 investigate and de-
termIne for himself whei her II comes
from the electors Of State. He must
decide that question upon his peril, and
present the certificates 70 the two houses
Of Congress Rutherford b. Hayes
ought 10 be inaugursied and must be IN
sugursted uuless bill should be
psssed 10 count him out in de-
lance OF the well.known principle;
of law. he was not well enough to-day
20 argue this question as fully a. nt
would like 70. The Democratic Sens
tors would no. support this bill it it did
not give them 8 chance 70 count Mr.
Tllden in by going behind the returns
A,2:I0 Mr.. Morton said be was not abl'
70 proceed further to-day and therefore
suspended his remarks.
Mr.. frelinghuysen, 8 member OF ih'
special committee, then took the nto'
and spoke in favor Of the bill
At the cosc!u sion Of Mr.. Fireling
huysen's speech the bill Was reported Z
the Senate, and the question being on II
third reading. Mr.. Snernan moved iha
the Senate proceed 70 the consideration