The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-01-25

of the twenty-second joint rule the
two Houses had always prearrsnged the
whole process Of counting the vote. He
! then referred TO the difficulties attend
ing the Presidential contest in 1900, and
said that not only the men in both
Houses Of Congress, but the leaders of
thought all over the country had their
attention riveted upon the subject of
managing just such questions as some OF
these awaiting solution now. He quoted
from the bill then discussed, prescribing
the mode of deciding disputed
election in the offices of President
| and Vice President, and said
that in the House OF Representatives the
debate was led and the bill managed by
John MaIshsl, just enc year before he
occupied that high judgment seat
whence over thewhole world be became
renowned. 1t was he that argued as to
the necessity Of some salutary mode for
the settlement Of questions like those of
to-day. The Senator from Ohio Sher-
mani yesterday enormously stated that
the pending bill provided for secret ses-
sions of the conmittee This bill did not
do so, but the bill OF 1900 did SO provide.
Bat for taking up the time of the Senate,
he would endeavor to show the Senator
from California Mr.. Sargent) that our
forefathers thought impsrtislity was
gained by counterposing against each
other adverse bias. Nothing in the
bill of 1900, even for q momeLt, hinted
at the idea that the two houses ot Con-
gress did not have the power TO count
the electoral vote, or that the Vice-Presi-
dent ever had any authority further than
to open the certificates, never was hinted
10 debate, and our foreiathers did not pro-
vide that the President Of the Senate
should not direct tor himself the order
in which he would take up and open the
certificates Hereierred to the legislation
of 1924. and said it was asserted there
by unity of voices that the law OF the
Republic had reposed in the two Houses
OF Congress the duty Of constitutionally,
lawfully and peacefully declaring the re-
suit Of an election, and they alone must
determine whether the vote was good,
bad or Indifferent.
He referred 70 the I'D joint rule
agreed on in 1865, and SAID 1t was adopt
ed when the rebellion stood, CORY and
with uplifted hands, striking a. the vltals
of the Republic. Many acts might be
proper, though not complete, in such at
event. He never believed the Conslitu-
tion was violated because the govern
ment asserted that it had right to be.
The twenty-second joint rule mad gone,
and he rejoiced that i! had, but the srgu-
ment remained Like Bsrquo's ghost, il
would not down. 1.-THE power 10 count
the vote was by the Constitution vested
in the President of the Sonata. the
twenty second joint rule and every other
rule on the subject had been bold usur-
patton. Mr.. Conkling referred to Mr..
Morton's bill in regard 70 counting the
electoral vote, which p ssed the Senate
al the last session, and said there were
only three Republicans VINO voted against
II, viz: the Senator from
Vermont, Mr.. Etmunds, the Senator
from Wisconsin, Mr. Howe, and himself
That bill would have deposited with
the House of Representatives absolute
power to settle this election. 1t passed
tue Senate and was held up on n mo.
ton TO reconsider, made by Democratic
Senator. Had not that motion been
made the House of Representatives
could pass the bill, aud unless the Presi.
den. found some Constitutional objection
| 70 II the die would be cast. be then
read from the bill which passed at the
last session, and argued that it provided
| only that the return should be counted,
which both houses acting separately
decided TO be valid return.
| Tne honorable Senator from Indiana
Morton had said the bill now before
the Senate was contrivsnce. II there
wss ever coDtrivance it was the bill
which WAS passed st the last session. II
was r political heli-gate, paved and
hoLe combed with dynamite. Continu-
ing IA speech. Mr.. Conkiing said that he
belie;ed the Republican nominee had
been chosen Chief Magistrate Of the
county He believed him 10 be patri.
o.ic and incapable of infic,ing injury on
his country, and he asked him to take
= title 10 his great Office that no one
could question.
Mr.. Dawes said that while he hesrd
the Senator from New York with great
positiveness assert the isct that the COM
mission must be bound by the ConstItu.
tion, he had heard others with equal pos
itiveness declare that the commission
could 90 behind the returns from State
TO settle the questions which belonged
20 the States themselves Would II not
be safer for Congress BY statute 70 limit
the powers and duties OF the commits
sion?
Mr.. Cobkling replied that the cOmmis-
sion would be boInd by AT oath, and Its
action va 81 bject to the review OF Con-
gress. IL the honorable Senstor from
Massachusetts proposed 10 launch upon
the heavy current o! this debate the
powers Of the commission, be would be
launching the subject upon sea without
shore or bottom, and the ith o! March.
1878. would not see the end Of the con-
troversy.
Mr.. Dawes I'm his seat made some re-
marks 70 Mr.. Conkling IS 10 how they
did in Massachusetts,.
Mr.. CoDkling ssid the idea that any
thing upon earth or in Heaven above
could be As pe-fec; s. they made
things iu Massachusetts be did not en-
tertxIn for one minute. When iae other
States of the Union even spproximsted
the perfection OF Massachusetts, tse time
will have come when no problem could
e1rs; that could no. Be solved.
Even contested Presidential elections
would count themselves. ard the whole
universe would 90 on bys ss sutomstic
apd seli-sdjustlng process. L.adhtsr.l j
Continuing his argument Mr.. Conk
! ling denied ths, the bill Was CON-
promise. Il surrendered the rights OF
noa.. bot asserted and maintained the
rights o. all. 1, submitted TO TIE lawful
authority solution o. the pending
! ouss.ion. The bill nigh: De denounced
ey psrtisArs on one side or the other ]:
! might be derited BY stEeniurers AID
tss :hOoghtless; /, might De ireztei with
courageous gsye;y, s TIE honorable
senator from Pennsylvsnis lCsmsren
I -. a Z