The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1877-01-08

uutV tne tFusI; Out congress mas not con
ferred upon presiding officer Of the
Senate. any Of the powers claimed for
Mr.. Ferry. Under tho direction Of
the Constitution he had no right to rc.
ceive the certificates Of election, and it
requires Il most liberal construction of
thS act Of lI92, to authorize him to ro-
ccIve them He may DO called Prcsi.
dent Of tho Senate, but only so called
by usage. since tho ratification of the
Constitution.
When there il President of the
Senate, or cOnccdc Mr.. Forty is presi-
dent OF the Senate. then We arc in.
formed by Mr. Morton, as 10 is re-
ported, Ferry shall at least preside
when tie vote is couutcd, and rule up
on questions involved in the count, and
when appealed from, in the event Of
non. concurrence Of the two houses. the
decision Of Mr. Ferry shall be final
Whcreis the authority in tho COustit.
utiou, or other Law, comforting upon
tho President Of tho Senate tho right
to preside. or count tho vote? This
Constitution only provides that tho GER
tificates may DO directed to the Prcsi.
deut Of the Senato and he shall open
them in the presence Of tho two houses.
This no can do, without presiding or
ruling upon any question. The '.jo;ns
convention Of tho two houses is not re-
q"iss2 to have 4 presiding officer, but
il the two houses should deem it nco.
cssary, they may concur in having one,
but they are not required to have, or
TO submit to having tho President or
prasiliug officer Of tho Sauasc. But
we are 10 be confronted with alleged
presidents. The practice Of allowing
tho President or presiding officer Of the
Senate to preside over the two houses,
on past occasions when the votes wore
counted, does not deserve to BIO regar-
ded as q precedent. Tho Senate has
heretofore been conducted to tho hall Of
tho House, and courtesy required tho
Speaker of tho House to yaca,e his
chair, and SO upon past occasions, the
President or presiding officer Of the
Senate has presided, by cOartesy-no,
Of right, but by indulgence. AS to
presidents, they can be found to sane
ton great errors. Precedcnts to have
effect, should be founded 10 reason and
justice To have effect. they should
be made upon argument apd solemn
decision PRESIDENTS that pass sub
siientio, arc Of little or no authority.
There has not, heretofore, been occa.
sion 10 consider tho momentous ques-
tons row to be investigated, aud de-
terminsd. We have now to consider
them and determine when our trusted
az sntt shall have acted, whether thsir
action shall be found to DO right
We must now discover tchcre the power
is. and the ertent Of the power. Ger
tainIy. in tho absence Of conferred
power upon one man. no construction
should DO employed to confer such
dangerous powers upon him. involving
tho privilege, to him, of determining u
presidential election, saying who shall
be President. This looks like despO,ic
power, aud Mr.. Morton, who possesses
a g,oi mind. bu: able as he is, should
ho succeed, will not have adequate
ability to protect his reputation with
people who admire their government
chiefly because they hay0 beensstuusht
to believe. and do believe it has been
so framed as to guard them against
such absolute powers.
If Sir. Ferry has tho returns, be can
open them before the joiLt convention
Of the two houses, and they may, or
not have presiding officer, aud pro.
vide. ifthO 22d rule Il not 10 .fOrcc,
some mode for ascertaining and declsr.
ing the result. They car; il they SEQ
proper, allow Mr.. Ferry to preside, and
then provide Cor asoSrtaining and DO.
claringg; S'io result. by concurrent &C.
ion. 10 1892, preceding tue secoad
Presidential election, Congress, by
law, Jet in force, did not cOncCdo the
power Or right Of the President Of the
Senate. to preside, or rule upon aAy
question connected with the count. II
DIES provide as follows: THAT Con.
gress shall bc IN session on the sOcoad
Wednesday in February, 1903. and on
the second Wednesday in February
succeeding every meeting of tho cleo.
tors, and the said certificates, or so
many Of them as shall have boon 70.
caivel. shall then DO opened, the votes
counted, and tho persons who shall fill
tho Offices Of President ard Vice.Pros-
idCnt. ascOrtaiued and declared agree-
ably 10 the Constitution"
From this tho people do not under.
stand it to be tho duty Of Congress to
adopt tho electoral vo.,s Of electors.
fraudulCn,ly declared by meudacious
returning boards. il such boards Of such
character are found TO have 80 acted.
Fraud, il discovered, cannot establish a
right, and is usually employed to de.
,troy rights.
Our public servants, whom thOy act
upon his subject, must net DO deceived
by tho quie. composure Of tho people,
the great mass of all parties are to-day
vigilnut, and looking Oh with intense
interest. Their common sonse respect
Of law, love Of fair play. intuiuve ca.
pacity for sclf.goverument, make them
safe units Of tho body polite ; and