The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-01-24
FORIY-FOURTH CONGRESS
WAsHIEGToN, January %.
SENATE.

WAHIEGToN, January %.
SENATE.
Petitions were presented from Phila-
delphis, Pittsburgh and st. Louis, pray
ing the passage o. the bill presente1 by
the joint committee on counting the
electoral vote.
Consideration was then resumed the
unfinished business, the bill in regard to
counting the electoral vote, and Mr..
Sherman spoke in opposition to to it. BE
said when the select committee was sp-
pointed, to consider this subject he ex-
pected, as q matter OF course, to be able
to vote for the bill reported by the COM
mittee, because he entertained the highest
respect for members OF the committee. 1t
was painful for him 10 dissent from the
views of men whom he esteemed so high
| ly, but after briet examination he had
given the measure. he thought it was his
duty to oppose it. This bill was to make
q court to decide case already made up,
and there were provisions in 1t incompsti-
BILE with the constitution. Such law as
this was an evil example, and could not
be sustained under the constitution; the
questions heretofore discussed, had
been: First, Shall the President of
the Senate count. Second, Can
either house admit or reject vote.
Third, can both houses concurring do so?
Fourth, can the Vice-President decide If
the two houses disagree. Tne bill pre-
sented other questions which were of q
more grave and serious character. 1t
contained tour propositions. First, that
| the President of the Senate had nothing
to do but preside and open the vote.
Second, one house of Congress can
not reject vote. Third, the
two houses by concurring
vote may do so. Fourth, 1t provided
for grand commission, the decision OF
which must be final, unless overruled
BY the vote of the TWO houses. He then
argued tina, the bill was unconstitutional,
and he particularly opposed the clause
providing for the selection of
five judges CT the Supreme
Court as members Of the commission.
| He also opposed the bill because it
undertook to delegate the powers con.
ferred upon Congress to n commission.
1t was an axiom of law that legislative
powers could not be delegated. He read
from various legal authorities, and argued
that the bill was intended TO apply to n
case passed, ended and concluded, which
was clearly unconstitutional. II the
power % make laws could not
be delegated, how could Congress
delegate q power which controlled
the vote of the States TO packed trlou-
nal Another feature OF the bill which
violated the spirit OF the Constitution
was that authorizing the appointment
of q committee of five members OF each
house as members OF a commission, not
10 take depositions ard report as other
| commissions, but TO be beyond the con-
| troll of the two houses after being organ
lied. The Constitution provides that no
member OF either house shall hold ONCE
created while he has q seat in Congress
Mr.. Sherman then spoke on the power
and duties of the commission authorized
by the bill, and asked If it was to take
the returns as certified by the State Off
GERS. If so, everybody knew who would
be President. But if this commission
was allowed to go back OF the returns,
God only knows what the returns would
be. 1t would depend entirely upon the
lot of the cnance which selected the fifth
Judge of the Supreme Court, who would
be the fifteenth member of the commits
sion.
Mr.: ThurmaR said this bill sent 10 the
commission all questions of law as well
as of fact. How the commission would
decide no one could tell.
Mr.. Sherman-No, sir, that depends
upon chance. Continuing his argument
he said the bill substituted the chance for
the vote Of the electors TO be given ac-
cording TO law. L. substituted college
OF cardinals, secret conclave, 10 elect
Pre.iient. Why not count the electoral
vote iIst as it has been counted twenty.
two times during the history Of our Gov
ernm, Ht2
Mr.. Conkling followed Mr.. Sherman,
and spoke IN favor of the bill.
Mr.. Conkling said: Before lresching
the details of this measure, OF it sdvsn-
tages or merits, the Senate must make
sure Of the power IN some mode 10 sub
leCI Tue uiHtLcE W suc sSs'Oh VI hht b"'
houses of Congress or TO the law making
power of the government A ,tudy
Of this matter years ago convinced him
of the right, aud therefore the duty OF
Congress 10 ascertain and verify the
electoral vote, and declare the true re.
suit of Presidential elections, or else by
an assertion of the law making power
TO declare how these acts should be done.
His present judgment did not rest on
prec 1nceived opinions. Some weeks ago
be revised carefully and cautiously eV-
cry act and proceeding IN our history
bearing upon this question, and
without the aid Of compilations
made since then, be had examined
every utterance in books. A distinction
might be drawn between the power OF
the Senate aud the House OF Represents.
,ives to act IN conducting the electoral
count II was not his purpose at this
time to explore that distinction, nor 10
enquire how far, or whether 81 ali, the
Law indicated the exact form in which
the Constitution should BE- executed.
Mr.. Conkhng then spoke Of the Oh
iec,ions TO the bill, and SAID that If 1t Was
true that the right 70 count
the vote was by toe Constitution
imposed on tie President of the Senate,
the bill now upon the table, or any bill,
rule or plan would be Of the slightest