The daily Argus. (Rock Island, Ill.) 1873-1877, 1877-01-10
Wednesday. January 10. 1877!
THE ELECTORAL COUNT.
(Continued.)

These difficulties must be met beforehand
and to say that we cannot by law prescribe
the mode and manner in which these
question shall be decided before the meet
ing of the Joint convention, is to declar1
the trainers of the Constitution fools. SO
it seems to me.
BUT COUNTING NOT TO BE DELEGATED.
SENATOR THURMAN. my judgment,
we shall act most within the spirit of the
Constitution and nearest to its letter if this
matter shall be decided by the Senators
and the Representatives of the people,
and that we ought not for one moment to
think of going outside of the Congress if we
can find proper and safe mode for decid-
ing this question within the halls of Con-
gress.-March l3, 1876.
THE TWO HOUSES COUNT, NOT THE PREsI-
DENT OF THE SENATE.
SENATOR EDGAR CowAN, OF PENNsYL-
yANIA,-The Constitution provides that
the President of the Senate shall, in the
presence of the Senate and House of Rep
resentatives, open all the certificates, and
the votes shall then be counted, not by
the Vice President, for that does not follow
but shall be counted by that body there
assembled.-February 2, 1865.
JOHN A. BINGHAM,oF OHIo-Congress,
composed of the Senate and House, shall
be in session on this day-for what? To
look silently on while the President of the
Senate and the telers jointly and severally
ascertain and declare who are elected
President and Vice President of the
United States? The two houses are here
to count the votes and to ascertain and
declare the result. The President of the
Senate and the tellers are but the mere
agents or organs OF the two houses. The
duty to ascertain and declare these results
is, in my opinion, devolved upon the two
houses, not upon the President of the
Senate or the llers.-February II, 1857.
HUMPHREY MARSHALL, OF KENTUCKY.
The count is performed by the Senate
and House. The votes shall
be counted"-not by you 1.-THE President
of the Senate), but by US (the Senate AID
House of Representatives. J. February II,
1857.
SENATOR r. NJ. T, HUNTER, OF VIR-
GINIA.-If, then, his authority be denied
in either OF these modes, the power of the
two houses to regulate the count is recog-
nized, February II, 1857.
SENATOR MORTON, OF INDIANA.-lf,
when the Senate comes to decide the ques-
ton which is the correct return, there is a
tie vote in the Senate, and the Vice Pres
ident is presiding-not a President pro
tempOre-he can cast vote in that case,
deciding the question in the Senate; but
there is no provision in our Constitution
authorizing the Vice President or any
other officer OF Government to come in and
settle the question where the two houses
disagree II there is tie vote 10 the
Senate, the Vice President can cast the
deciding vote; BUTT is not in conformity
with the spirit of our Constitution to pro.
vide for some officer who shall settle be
tween the two houses when they disagree
March IL, 1876.
Mr. MORTON, OF INDIANA. Presi
dent of the Senate pro tempore has III
casting vote under the Constitution, bu
he simply votes as a Senator. If you
give the President pro tempore a casting
vote the two houses fail to agree in de
terminiug which is the true vote o
a State, that right thus conferred upon the
President of the Senate is given to him By
virtue of law, and does not belong Il
him under the Constitution; so that, afte
all, we are deputipg to an umpire or to
third party the exercise of a duty which
according to the argument of the Senate
from Texas, and think very clearly, too
belongs to the two houses as part of tn,
legislative power Of the country.
Mr. Maxey-That umpire is u part o
our own body. He is not an outside body
but is part Of Congress.
Mr.. Morton-That may be true. He is
4 member Of this body either as Vice
Dr,1tAay,t or SapaEpv. h,1t . no
conferred upon him is not given by tn
Constitution; it is new power which W
are comforting upon him. | deny tn
power to create an umpire to decide be
tween the two houses in a matter which i
devolved upon the two houses by the Con
stitution. 81, 1876.
POWER OF THE HOUSES MET TOGETHER.
BENJAMIN f. BUTLTR, REPRESENTATIVE
OF MASSACHUSETTS, Now, where doe
the Constitution place US? We are place.
here in Joint convention to count the votes
or, what is the same thing, to see tina
they are justly and correctly counted. |
is a power given by the Constitution
operating ec prOpriO UtgOre, to do an act o
government. Therefore, all the pOwe
necessary to execute the power is also con
terred. Among these powers i
the present case is power in the tw
houses sitting in convention to preserv
order, to establish rules for its own govern
ment, and to guide its deliberation; for
being an aggregate body, or in any viey
composed of aggregate bodies, to deter
mine questions stor itself by deliberation
A part by the Senate, whether in al
aggregate body or separate opinion i
divided. One theory is, aud the Senate
being smaller body than the House
ought not to be compelled to come into tn
convention to be overslaughed by the larg
body in per c0pitu or aggregate vote
But that position is by no means a settle'
or asce rtained one. n IF we ca,
neither perserve order nor deliberate no
examine nor determine any question, hoy
are we to find out what are the votes W
are to count or to see counted? Suppos
that upon the reading of certificate ris
and object. Esaying, why, sir. that certif
cate is forged, and | have the eyidenc
here" But" says the President. -
cannot hear that. Don't you know tn
concurrent resolution will not permit us {
examine this question; or | alone can judg
OF that and | am without power to summo
witnessY ] ask this House what ar
we to do in such case? How are we
hear evidence, if necessary, if we have n
power2 | say, Il know that certificat
is forged" Another gentleman says, "
know it is genuine" and there is confic
Are we to count the votes certified by sue
certificate without determining auythin
about the genuineness of such certificate
Again, sir, n question NAV arise. II