Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1877-01-31
From Washington.


the consideration OF the electoral bill reported by
the joint committee. As that subject is now 80
largely engrossing the public mind, we propose to
give few points made in the discussion by the
most prominent speakers
On Saturday, in explaining the provisions of the
bill, and opening the discussion, Senator Edmunds
said. "Those who wish one OF the candidates
elected condemn 1t because 1t grants too much.
Those who wish another OF the candidates elected
condemn it in equally fierce terms because 1t
grants too little 1t holds aoft the scale of JUS
tice in absolute equipose, and gives nothing to
either. II the makers OF the constitu-
ton had designed TO repose in the President of
the Senate the power to decide what was vote
and to determine Its disposition, as they had taken
pains in all other parts of the constitution in the
clearest language to say what the Senate might or
might not do, how unfortunate IL was, had they
designed to confer that power upon that chair,
the President Of the Senate,) that they had not
used the two words that would have enabled them
to do so. 1t would have saved n vast deal OF dis
pute, and we can scarcely imagine it possible that
a body of men who in every respect had been 80
critically exact in the devolution of the functions
aud powers of this government, should have re-
manned by mere accident so silent upon perhaps
the most important part for the perpetuity of the
republic in peace of any one of the powers that
the constitution created or bestowed. say it
staggers human credulty that that body OF men
had designed to turn the President of the Senate
into Judge in the most critical Of all for the
well-being of the republic and in case where it
was foreseen, and even known, that he himself
would be at first, and perhaps afterward, as it
happened, the very man who was to profit or to
| lose by his decision. 1t staggers human creduity
that II they had intended to repcse such decided
power in that chair they should not have said So,
- You find the very next clause is, that II
| there is failure of anybody to get a majority of
| all the votes the House OF Representatives shall
| elect On the same argument you are bound to
say, and you cannot avoid it-nobody can--that
the House OF Representatives is the sole and ex-
elusive judge Of when the contingency occurs that
entities it to act; and il one Of these candidates
had received three-fourths OF the votes, and you,
sir under this claim of power in the constitution
| had decided that he had, and that they were all
valid votes, and that he was the President, the
| House could retire into its own hall and in the
very same language of the constitution turn round
and say, "By the same authority we decide on
the same reasons exactly, "that nobody has a
majority and we will elect our President :
so 1t cannot be maintained that this bill is
sttutional upon the ground that it takes away
from the President of the Senate or the House OF
Representatives power which the constitution has
vested in them, free from limit, and free from
| guide, and free from regulation to be exercised
according to their own opinion of what may be
the bic propriety of the occasion.
| MONDAY, January 22d.
| Mr. Morton addressed the Senate in opposition
to the electoral bill. We give brief synopsis OF
his remarks He said this bill was the product OF
| the Mississippi plan. The shadow of intimidation
| had entered the Senate Chamber. lie believed
| Hayes had been elected President under the form,
| of law and according to law, and should he be
counted in as eighteen other Presidents had beer
and inauguratcd there would he no revolution He
had supposed that all agreed that in the absence
| of legislation the President Of the Senate must
count the vote. The President of the Senate die
count the vote for seventy-two years. Teller,
| were mere facilities for making calculations ant
keeping account. They counted what the Presi
| dent of the Senate handed them down to count
and the handing them down the certificates t,
count was a declaration of the vote it contained
| from 1889 to 1861. The resolutions appointing tn,
tellers provided they were to make list of vote,
as they were declared. The counting of votes wa
| a ceremony to which the two Houses were wit
nesses. The constitution provides that the Presi
dent of the Senate SHALL in the presence of tn,
two Houses, open all the certificates and the vot'
| shall then be counted, and If no one candidat,
| shall have majority of all the electors appointed
the House shall Immediately proceed to elect
| The handing down of the certificate by the Presi
i dent of the Senate was n declaration of the vot,
| contained in it, Very few Republicans respec
| this bill. 1t will be taken by the Republicans /
taken at all, as dose of castor oil, Senator Ed
munds burned his ships behind him when he de
MED the power of the President of the Senate +,
count the votes in the absence of legislation. Ill
thus deemed to make it necessity to accept thi
bill. 1t has been announced bya member of Con
| gress that one hundred thousand men were to b.
here on the 1ith of February. ten thousand t,
come from Kentucky alone. hope our Kentuck,
Senators will make arrangements to entertain
| them handsomely. We hear notes Of preparation
| everywhere. Senators are afraid of violence, o
| some desperate revolutionary act. We are tol,
we dare not count this vote it was done for tn
first seventy-two years Of our existence. Tn
| power to count the votes resides in the Presden
| Of the Senate or in the two Houses If it reside
in the two Houses it cannot be delegated to n com
| mission or court. The mere matter of countin
the votes is clerical, and may be performed by
teller II any question arises that requires judg
ment or discretion it cannot be delegated to
| commission The decision of the conference com
mittee is binding only upon being ratified b
both Houses, but the decisions OF the commissio
are binding unless reversed by the action of bot
Houses. 1t is in every respect a court investe
with high judicial powers to decide questions q
law as well as of fact with the right of appeal
to another court, but to the two Houses of Cor
gress The power to count the electoral vote
either political or judicial power II it is
political power ii must be decided by politics
department of the government and cannot be deli
gated to court by a court. If it is judcii
power it must be exercised by a court and not b
political department of the government, and a
appeal must be taken to another court, and
the two Houses of Congress. Four judges of tn
Supreme Court are selected by circuits, and CT
cults are selected because OF the political ant,
cedents of the judges, The Senator from We
mont does not do himself justice when he repr'
SCENTS that these judges have been selected becaus
OF the geographical distribution, and the bill,
selecting them by circuits instead OF by name sci
up harmless little sham that deceives pobod.
There is no power to 90 behind the returns of a
election OF electors as certified by the proper n
turning or canvassing officers of the state. tn
state courts cannot do it nor can Congress nor I'll
United States courts.
Mr., Frelinghuysen, member Of the joint con
, mttes, advocated the bill. He said II theI
ever was time when the representative of til
/ American people should rise above party prejl
. dces and party feeling it was now, and wit
true courage and patriotism they should dete
mine that they would avert this peril from I'll
country He said he believed the measure m,
with more opposition from the Republicans tina
from the democrats He would seek to take Il
G unfair advantage of the opposing party, and i
would be the last man to sacrifice the honor
that great party OF liberty which had stood by ii
government in its hour OF peril With the joil
rule In force during the last ten years against tn
D Republicans IN precedents he thought the dem,
Gratis in Congress had acted with great fairness
joining with the Republicans in reporting tn
$ bill. He then referred to tke power claimed I,
the President OF the Senate to count the elector
I vote, and said: II the power to count that vol
( was vested in the President of the Senate VIII
had it been exercised by the two houses OF Coz
e gress during the last ten years? He denied thu
a power To determine and count the vote was veste