The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-01-23
F0RTY-F0URTH CONGRESS
WASHINGTON, January q.
SENATE.

CITY " take testimony, hecently Ono
State was without representation and
twelve other States with only one half
representation, the Senators being away
on investigation committees. He be-.
lieved that all the testimony could be
taken by the commission appoint
ed tor that purpose, aud intro
duced a bill providing for taking
testimony and collecting information to
be used by Congress. He also submitted
a resolution declaring that it is not with.
in the lawful authority of the Senate to
charge committee of the Ser ate with
duties 10 be performed away from the
capitol while the Senate is in session.
Referred.
MIR. Cockrell introduced q bill grant
ing a pension to the widow Of the late
Major General Francis T. Blair, Jr. Re.
ferred
Mr.. Cameron, of Pennsylvania, intro
duced bill TO provide for the dlstri5u.
ton of awards made between the United
States and Mexico under the convention
of y Juiy 4, 1864. Referred.
Mr.. Bogy introduced q bill organizing
the territory of Oklams, and for the bet
ter protection of the Indians therein. Re-
ferred.
Mr.. Wright called up House bill to
amend section one of the act OF May II,
1864, for grant of land to the State OF
Iowa to aid in the construction of a rail.
road in said State, which was amended
and passed.
Mr.. Blaine, recently elected to fill the
unexpired term caused by the resigna-
ton of Mr.. Morrill,. was escorted to the
desk of the President pro tenn. by his
colleague Mr.. Hsmlin, and the oath was
administered to him.
The Chair laid before the Senate q
telegram from the Chicago Board OF
Trade, approving the bill reported
Thursday IN regard 10 counting the
electoral vote. Laid on the table.
MOrton's Speech.
Consideration was resumed of the
bill in regard to the counting of
the Electoral vote, and Mr.. Nor
ton took the floor. He said the bill
was the product of the Mississippi plan;
the ishadow of intimidation had entered
the Senate chamber. He believed that
Rutherford b. Hayes had been elected
President Of the Uuited States under the
forms of law and according to law. and
should be counted in ss the eighteen
other Presidents had been, and inaugu-
rated, and there would Ge no revolution.
There have been many loose opinions
expressed because Of the frm lmpres-
slons without examination on this ones
ton. have done so myself. l have a
bad habit of saying what think AT the
time. bnt endeavor TO atone tor 1t roa lily,
correcting it when | fear ! was
mistaken. l am no adplrer of pc!Liosl
reticeuce, of political owls who keep silent
and look wise until they think they are
out of the woods, and then give pro-
longed hoot l had supposed that all
agreed that in the absence OF legislation
the President OF the Senate mus: count
the vote. The Pres dent OF the Senate
did count the vote for seventy-two years.
Tellers were mere facilities tor making
calculations and keeping account. They
counted what the President of the Sen
J ate handed them down to count,
and handing them down the
certificates TO count was n
declaration of the vote. II continued
from 1889 to 1861. the resolution ap-
pointing tellers provided that they were
to make q list of the votes as trey were
declared. The counting of the votes
WAS ceremony TO which the two houses
were witnesses. The Constitution pro-
vides that "The President of the Senate
shall, in the presence o! the two
houses, open all the certificates.
and the votes then be counted, and If no
one OF the candidates has majority o
all the electors appointed, the House
shall Immediately proceed to elect" The
process contemplated was very simple
one-simply to open the certificates and
count the votes, but contemplated no
plan to try the questions OF the eligibilI-
Nv either of the candidates or OF the cleo
tors. Whether the electors were eligible
was a matter left with the states. Under
the iniunctIops Of the Constitution the
handing down Of certificate by the
President of the Senate was declara'
tion of the vote contained in it.
Very few Republicans respect this bill.
1t will be taken by the Republicans, II
taken ut all, as dose OF castor oil. Sen
stor Edmunds burned his ships behind
this bill when he denied the power Ct the
President of the Senate 10 count the
votes IN the absence Of legislation. He
thus seemed 10 make it necessary 10 &C
cept this bill.
/, has been announced by member
OF Congress that one million men are
TO be here on the 18th OF February, 10000
to come from Kentucky alone. l hope
our Kentucky Senators will make ar
rsnpements 10 entertain them hand
somely. We hear notes of preparations
eyeryw here and the Senators are afraid
OF violence or some revolutionary act.
We are told ths. We dare not count
this vote IS It was done for the first y
wears of our existence feel that / am
in the presence Of q political situation.
| cannot describe the dangers 10 which We
are subjected. They do not spring from
violence. but from weakness on our own
part. Geologis,s tell Us that there was q
pericd IN the earth's crust when there
were skuIless vertebrstes. Now we have
got 10 period when there are verte-
bra,eless skulls. The power TO count
ia. vote resides in the President Of the
Senate or in the two houses. II it re.
sides in the two houses il cannot be
delegated 10 commission or 70
court. The mere matter OF
counting the votes is clerical, and may be
performed by tellers. II any question
arises and requires judgment or discre-
tion. i. canno. be delegated TO som-
mi,,ee. The decision Of q conference
committee is binding only upon beng
ratified by both Houses. but the decisions
of this Coumit,ee are binding unless
reversed by the seton % both houses.
1t is in every respect court invested
With high judicial powers 10 decide
! questions Of law as well as fact with q
r.eh. Of appeal, no: 10 another coart, bat
10 the two houses Of Congress. Tie
power TO count the electoral ycis ::
either . political or ajudieial poTsr II
J IL IA q pollticsl power, it must Be 40