The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1877-01-18
[Wbole No. 2l2I.

moved all that supposed ambiguity, which at pres
ent is the occasion of so much lamentable partisan
strife.
have purposely used the words, supposed am
dignity" because there Is not in the language,
when interpreted in the light Of the other provis-
ions of Article XII, any ambiguity, '1atent or
patent, as to the intention of the members of the
Convention. in the use Of the phrase, ''and the
votes shall then be counted" They knew that
they lad provided for the presence OF the Senate
and House of Representatives at the count, and be-
ing wise enough to know thar thew could not
foresee and provide for an the contingencies that
might arise from the admission of new States and
the various electiaD laws of the States, and un-
donb,ediy believing that the Senate and House of
Representatives in fntHre times would be COM
posed of as wise. patriotic and learned men as
they were, and that sneh men would understand
the exigencies of theItisas better than the Faith
ers eoaId roresee thsn. they thoaght it wisest to
remit to such future sensIes and Houses of Repre-
sentatives the count of for President under
such rules as the two Houses, through Joint com
mittees. might adopt for their conduct on such oc-
casi1ns, but nevertheless subject always TO the
control of the President of the Senate as the pre-
siding officer over both Houses, (xhen convened
for the count of the yotesl clothed with the powers
conferred on him blythe Constitution and the rules
and usages of parliamentary law, and the joint
rules of the two Houses, as recommended by their
committees and adopted separately by them. By the
Constitution of the United States, as President of
the Senate, he has right to vote when the Senate
is equally divided (Article l., Sec 81 and it must
fellow in the very fitness of things, this power
ertains to him in an equal vote between the two
Houses, or else there could be no decision on any
question in such contingency, which contingency
is likely to frequently on the occasion refer
red to, as each House can only vote as unit-one
vote.
Why do the present House and Senate, following
the uniform precedents from the foundation of the
Government, appoint joint committees to fix and
arrange the mode of counting the votes and to es-
tablish rules for the conduct of the House. when
in joint session, unless it be the conviction of both
Houses that they have rights to assert and duties
to perform in the Joint Convention ? If they are
mere spectators Witnesses then there is one OBJ
vious rule of conduct, which committees need not
teach, viz: to observe respectful silence, and when
the Joint Convention has adjourned, in private con-
versa.ion, as each member might feel inclined, to
declare that the President of the Senate acted as
proper gentleman, in searching out from the mass
of evidence before him the right man for Presi-
dent, or on the contrary, that he, had acted as
usurper and had given the crown to one of bastard
blood.
The conscience of every enlightened American
citizen will teach him, that the great men who
framed the Constitution, intended to entrust
any one officer with such omnipotent power,
without any Constitutional checks or rules of par
Iiamentary law, or rules of the Joint Convention,
to guide aud control him in the discharge of the
most responsible, delicate and difficult duty, that
progress. In dpe- why summon the Senate and
House at all. to 6e presenf at the county, Any
other respectable citizens would be as watchful
spectators and as competent witnesses as the mem
bcrs OF the two Houses.
am aware that the 'Obiter dicta" of many en-
nent jurists and writers on Constitutional Law,
the opinions of many very gifted and experienced
Repur lican statesmen. and the vaice of the Re-
publican Press, in great degree, are srrsyed in
opposition to the views, herein intended to be
nodestly expressed; ; and am also aware that my
lrgument viii place the President of the Senate in
such position, that by the exercise of his right to
rive the casting vote On a tie between the two
Houses, he will on such occasion exercise as much |
.ording to the theory of my opponents; but the
Inference between us is this: that when he does
.xercise such power clothe him with the habiIi-
nenis of two express Constitutional grants Of
,ower-with parliamentary law, and the rules of
he two Houses. adopted for the OCCASION as guides
nd checks for his conduct. and subject him also !
o the criticism and aid of open debate and the
omments of the Press, to the correctness of his
ulings, as President of the Joint Convention;
Whilst the advocates of the supreme Onema pO'rer
trip him of all these hAbiliments.
In my next and last Communication, 1 shall at
empt to define the rights and duties of the Joint
Convention. JAS. II. THOMPSON.