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

Senate IL hut presiding officer, Leav.
ing ont Of view for the present the bed.
rock Idea that the States by this vote are
speaking and the duty il simply TO chron.
icle their will IA mOst pivotal and not.
to-be.oyerlooked element, | grant, yet
l say ] incline 10 the opinion that
an appeal may be taken, and that
the two houses acting separately may
by their concurrent action overrule him.
That Ia to say, II the President Of the
Senate shall determine that particular
paper or certificate entities the vote to be
counted, the two houses, upon an appeal
taken, may, acting separately and by con.
current action, determine otherwise. So
II he determines that il should not-that
for certain reasons the certificate Is not
sufficiently authentiC-lhen again, upon
an appeal in like manner, he may BE-
overruled. lie decides, In other words,
whether Primd Jdeis the vote shall or shall
not be counted, the two houses acting up.
on this decision, which, like all
decisions by competent authority,
must he accepted as atleast prima facie
correct. They may over rule il, but as
in the case OF the presiding officer, SO Rlso
az 10 the two houses, they must have
regard 10 and pass alone upon what is
certified; must see II the State has voted
and what It Is. This to my mind pre-.
serves aud upholds the powers and pre-.
rogatives ol Tue two houses. have no
sympathy for patched up tempOrizIng
compromises. There can be no com.
promise with wrong and error. 1t is u
fatal and most fallaciOus misuse Of
Language to talk Of compromise between
truth ahd falSehhoOd, vice and virtue, and
the task ia IN fruitless as the talk
is idle. The nation, no more than an
individual can afford to give up princi-
pie or surrender the right in answer to
appeals or in dread Of possible danger.
II is bad enough 10 have fraud and cor.
ruption and violence and intimidation,
but 1t 10 worse TO aupplant lhem by the
usurpatiOn Of powers not warranted by
the Constitution. There is enough Of
danger in the bare attempt TO carry Il
great election by artilice and resort 10
means the most Questionable without in.
curing hazard and striking a blow at
the very vitals Of the government
by abandoning the safeguard Of
the Constitution at the demand OF
the incendiary demagugue who would
threaten internecins war with the
ruin and desolation to the country
which would follow. 1t would he u great
wrong to declare any one elected Presi.
dent who was not no, but better this tnan
that Congress aud the country should be
diverted from their line OF duty by II
ravenOus crowd oil pleasure hunters ant
senSaLiUnalistA who care more for their
own personal gain, by means most vic.
lent and lawlesS, than for the welfare,
quiet aud prosperity OF this great coun'
try. One days resort to violence or Of
anarchy would DO worse for the people
and bring greater reproach TO our civlli-
7ation and our blood sanctilied inslitu.
tlons in the esteem OF all good men, irres.
pective Of party, than four years Of ad.
ministration headed by either Hayes
or Tilden. We eau stand, the country
can live, and | hope prosper under either.
1t cannot and must not be driven to
an ordeal which all law abiding citizens
would deprecate, and TO arrest which,
they must and | know will stand together.
In conclusion he spoke Of the people Of
Iowa, and said they would submit to no
compromise with the wrong, but they
would sacrifice feeling, hopes, treasures
and all for the right.
Mr.. Herman in reply TO the argument
Of Wright said he did not expect Con-
gre5s could now, by legislation or by
Constitutional amendment, relieve any
Of the difficulties which might arise from
counting the electoral vote. lie could
not agree with some oi the views express-
ed by the Senator from Iowa Wright,
and lie desired to express his dissent now.
The Senator from Iowa had argued that
it was the right and duty Of the presiding
olheer OF the Senate to count the vote.
That the duty was imposed on him. He
Kernan could not agree to that con.
struction Of the Constitution. lie did
not think il was the intention OF the fran.
era OF this Constitution to impose any
such duty on that officer. The two
houses Of Congress had the right, and had
imposed upon them by the Constitution,
the duty Of counting the vote.
Mr.. Herman then quoted from the
Constitution, and said the duty devolved
upon the two houses OF Congress, repre-.
Senting the States and the people, to see
that no improper or fraudulent vote was
counted. lie did not desire 10 argue this
question at length to-day, but submitted
that the two houses Of Congress were not
TO sit dumb like statues and see wrong go
on. The practice OF counting the vote
had not been in accordance with any
such construction Of the Constitution.
On every occasion each house had ap.
pointed tellerA to count the votes, and,
US he had read, the precelenLs Of every
occasion when any question had arisen
in regard to counting certificate,
the two Houses had separated to decide
the matter. II had never been held that
the President Of the Senate had the
constitutional duty or right to count a
vote. He then quoted from numerous
precedents, and referred to the case Of
Missouri, in 1921, in regard to which he
said: When it was known that there
might be question raised a. to the vote
Of that State, Il Committee Of the Houses
agreed upon resolution, that ii any Oh.
lection should be made to the vote Of the
State and counting or emitting 10 count
the same, would not change the result OF
the election. Such result should be
stated both ways, with or without the
vote Of Missouri. lie argued that it
would not be wise now for Congress to
attempt to give new construction to the
Constitution which would greatly add to
what all deprecated, the heat and excite
ment Of the hour. Every Senator
and every Representative in Congress
should enter upon the discharge Of this
duty Of counting tho vote without pre-.
judice and without partiality. At this
time every man should remember that
the important questions before Congress
rise above all party questions. In count
ing tho electoral vote, il case came up
where there was fraud, and where it was
shown beyond doubt that the certificate
was a falsehood, the safety Of the govern.
ment aud the peace Of the people de-
manl that it should not be counted.
He united with all men in the hope and
belief that all these questions would be
settled according TO the Constitution and
lava and that the ranl truih wnuld nra-