The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-01-05
HOW TO COUNT TIE VOTES.
sLSArOR WRTGHT,s NOTIONS OF THE
POWERS OF CONGRESS.
An Interpretation Of the Constitution TO suit
tho Hayes tonspirator-- Its I"li"cy Ia
posed by senator Francis Herman.

test. Referred to tho special committee up
pointed to consider that subject.
Mr.. Wallace DEM. Pal presented a similar
petition Of bankers, merchants, and Others OF
Columbia. Pa. Same reference.
Mr.. Wright Qtep., Iowa) then called up his bill
10 establish court for the trial OF contested
elections, and spoke at length In
favor of the measure. lie then spoke OF the diff
ferences OF opinion that exist as to the power OF
the two Houses touching tho counting Of tho
electoral votes, and said that under no oonstruc-
ton Of tho Constitution Certainly not In the
absence OF legislation has Congress IN any
capacity judlcl1 powers or any other power
than to induirc and declare what the people,
through their electors. on the face Of the re-
turns, have said to their choice for President.
He added;
In saying this do not lose sight Of the different
Is to declare t. ain sufficiently understood for my
ssncS Of H"TRSi sw mere here Ho
and determine whether ere was fraud In this state "
for the organization ofns Returning Boards whether
aaSdes sn nf pT for ,SIf
cnce, fraud whether the Returning or Canvassins
To ali ne Ct, before e re SpSa e Ike M Ts
n ~Y e se S the Of are ss Sr
together the law as gathered from the almost II not
81 the Government, would esarly seem 10 teach lhst
sP IN he 's STs u hd p %Sa no. % a. how
NE 10 say That do not suggest by any mcun- "a
he nit 10 decide 1ould be coaciadcG b. the mers
paper return recon S 5ae or 5p'f BY rt tif
,etted rules and fair logic aud law IS part Of 1T,
do not much DOUBT that It is competent Tor Congress
GO y 10y on am not not S Sc as s s
hoding that the returns can be directed or Entrusted to
any other III such President can opcn the ccrtin
ss; ngr ns sey can Re to the %
House Of Representatives. But what mean IA, that
lion would nevertheless BE- competent for Congress-
then be couniea 10 proSiis BY law that The count
two Houses; by the Joint action OF the presiding officers
ofeech by their ac Ion In connection with the Justice
the JUDGES OF the Supreme Court a. board mot
The snsu,se IA hi h yJi@ she Then be eoHnteS
doe, not, "a my jalgnen conclude The Congress 70
And YET agree tina II was undoubtedli primarily In
DUTY nnsicia merely Was 10 to be- ana Would oe per-
iorm1d ~ The nre-ing Officer in the preence u the
Entrusted to him.
He argued that the makers OF the Constitution
contemplated and intended that the VIII or
votes Of the Stltes. as certified to the President
OF the Senate, should be asceitained by looking
Of these certificates and declaring the result
that there was no semblance 0i judicial power
or Of power In Congress to l. uIire into now
these electors were chosen, or whether they
should have voted Tor one person rather than
another lie said:
To have rocosnix "a such power existing IN the
President Of me se,atc who was TO open Tue certin
= .
~,n,s, "a, "a 9nening and counting would have been
AMI IL, powers Of ihe states ana tSc Fedors toSrn
ment. tor tnis w.ud have Transferred. contrary to
po,,Su%s s'seior. rom as sta,ss 70 40 Fssa.
tended tia, tSc Two Eossc, shoul be present a. Wit
nesses, not Ors 10 The end that he counting hould
Pcssdcn Of n0 the sS n oh 81 o iis rS0 Ps Go. 6
t tSe yS o I've acne She tns ", cne ina, IS
.hoss for iIs ana that Tor n, purpos,s of the count
decrmlaias ne her it Is he vote Of lie stale some
not from nor s,a.d 10y come matter q" pn or dehgrs
,te ref9 no Mh2 = 10, s ~ the a nT. IN
Tamen,ary 10 Mi e Nv ~ ~ s9nsdni9s PIX
spirit Of the con.rtuiicn' sGi in mmon, siiS ile
sonu an,9us mi TX Claus, - ,ae on,tiu
acors tn,rrn' that the ocer presiding at the court
hut We meet. perhap. to 60 one step further, ami
TY sera ne no pSsA a S S S' St
cline 10 "a. oIipon that an appe may oe takcn aud
Ssneutren' acuon oyerrge III 'nlt :, 70 siy, II tn
particular PAPER or cernncAte entities the vpt. to
be counted. the TWO Houses, upon appeal
action. dcicrmne otherwise. So. n he g. ,crinlne
cafe not Sufficiently authentic, ,h,n again, upon aI-
peal in ike manner he may b. oycrruci. Ne d. cdcs,
sha not BE- counted. The Two uses acting upon ms
thory nuit be acc, cd a. A. east rlis fcie e. rect
my overIul. IT, But as IN the s. ~ the presilng
20 and pas, alone upon what is certified must see II
l l..
preserves sufficiently the harmony OF dc system and
upholds tue powers aud pr,rogatves of tne Houses
Mr.. Boey DEM. MOI presented a portion Of
the evidence taken by tho Democratic commit
tee WHO recently witnessed the count by the
Returning Board In Louisiana, aud II was or
dered that the usual number OF copies be print
ed for the use Of the senate.
A motion OF Mr.. BoRy TO have ten thousand
extra copies printed was referred u the Com
mittoe on Printing.
Mr.. Herman (Deu., n. ". In reply to the hrgu-
ment Of MIR. Wright, said the duty OF counting
al important one. lie did not expect that Con-
Rress could now. by legislation or by constitu-
which might arse from the counting Of the cleo
toral vote. lie could not agree with some OF
the Views expressed by the senator from Iowa,
and desired TO express his dissent now. Inc
Senator fiom Iowa had argued that II was the
right and the duty OF tho presiding ofbcer
the duty was imposed upon him. He (Mr. Ker-
nam could not agree To that construction OF the
Constitution. lie did not think II was the In
tentton OF the trainers OF the Constitution to
Impose any such duty on that officer. The two
Houses OF Congress had the right. and had i'm
OF counting the vote. Mr.. Herman then quoted
from the Constitution. and said the duty de-
the h S%d the OF cSnE
see tina no Improper or fraudulent vote was
counted. lie did not desire TO argue this
question at length to-day. but submitted that
tho two Houses of Congress were not
70 ait dumb like statues, and see wrong 90 on.
The practice OF counting the vote had not been
In accordance with any such construction OF the
Constitution. Gu every occasion each House
had appointed tellers to count the votes, and,
~ he read the precedents, on every occasion
when any question had arisen In regard to count
Ing a certificate the two Houses had separated
90 decide II. 1t never had been held
that the President OF the Senate had the
Constitutional duty 1r right to count vote.
Az this time every man should remember that
the lmpoTtant questions before Congress arose
above all party questions. In counting the vote, II
case come up where there WIS fraud, and where
" WAS shown beyond a doubt that the certificate
was iasehO d, the safety Of the Government
and the peace Of the people demanded that IL
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
aud the laws, and that the real truth would
prevail
Mr.. sherman Rep., Ohio) inquired II the result
OF either House obJecting to the counting OF
the vote Of state would DO the exclusion VI
that vote.
Mr.. Herman SAID he would like to hear that
matter discussed.
Mr.. Sherman said he did not intend to express
his opinion upon these questions about to arse,
but he would examine them calmly and dispas-
BiOnitoly. He had no doubt that when the two
Houses concurred that the vote OF State was
fraudulen II should not be counted, but II the
two HOUSES disagreed Is to the count OF vote
II would be revolutionary II the objection OF
either House could exclude that vote.
Mr.. lioRy said that was the twenty second
Joint rule.
MIR. Sherman said the result OF such rule
was worse than That II any rule IN Mexico. lie
had hopes, not Yet clouded IN the slightest oe-
gree, that the two Houses Of Congress, through