The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-02-06

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Constitution in the performance of tn
duty of counting these votes2 The Con
stitution is plain. The votes (meaning
of course, the legal votes) are to b
counted. The count is the msrest of idl
ministerial ceremonies in Itself, but .h,
ascertainment of what votes there pre-
sented as claimants to the power of being
recognized in the selection of q Presiden
aud Vice President necessarily devolve
on that body or functionary which il
obliged to act on that which is produced
as the result by the count. Now, unques
tionably The first and primary duty o
each Of the houses, if there is plsir
count showing the election of person t.
the Presidency and OF another person
to the Vice-Presidency, is to recognize
that coordinate department of the gov
ernment, the executive. All the wsrlc
may count; no mortal man can doub
about the count, bat the worlc
relation to the count until tha,
count has been recognized by somebody
and officially recognized, and it is the
duty of the House Of Representatives a,
that point of time to determine whether
an exigency has arisen which renders il
its duty TO recognize person as Presi
dent by force OF msjority of the legaI
votes, or whether there has been fail.
ure to elect, by reason Of q
tie, and in that event, if it oc.
ours, the House OF Representatives ID
bound at once to meet and TO elect d
President itself. The same observation
applies to the Senate in reference to the
Vice Presidency, and on that subject he
Senate /. called upon in like manner to
recognize the fact Of an election, TO allow
it, admit and accept it rs a TACT. or to deny
it, and say that it is not 50, and then itself
proceed to elect Vice President. at
tach no Importance to theword "count,"
but | attach Importance from the very
nsture Of the thing, from the law in.
wrought into the constitution of human n
beings and Of human events, to the fact
that those who have TO act officially are the
persons who must, do whatever may be
needed for the purpose of enabling them
to count and to act In one direction or
the other, as the case may require. In
conformity with the count founded upon
these preliminary Investigations, so lar
as any investigation may be necessary,
no man or no body Is. authorized to make
or to declare the count, unless it be these
two bodies respectively. Now, it
is to be noticed that each
of these bodies has complete power
of investigation adequate to the power
to take proofs through committees
or otherwise, on, any matter on which it
may be obliged to pass. Either before
or after the opening of the electoral
votes they csn investigate though not
with the formalities of jury, nor
under the precise forms of judicial pro-
ceedings. but they can investigate as
political or legislative bodies, all the
iacts and circumstances shat are necas-
ssry to be known in order to enlighten
their judgment: and to guide them
10 just and righteous decision.
Oar Constitution thus vests in these two
houses, by the necessary implication on
such continge eacy arising as Is here
presented, the power TO do whatever
may be needful for the accomplishment
of justice. What is the objection to that
C obstruction? The whole argument
against it resolves itself simply into the
common, everyday argument of neon
venience-the aryumentum ad incOnve-
nientidm. Those who would seek
to grasp and hold office
by illegal, Irregular, unlawful or
fraudulent means, claim that it would
be inconvenient to take so much trouble
as might be necessary in order TO inves-
tigate ard rightly determine on the
proofs the question OF the delinquency
and falsity OF their claims. The objec.
tion, you perceive, applies us much TO
ordinary writs OF quo @drrdnto IN regard
To Ordinary officers as it does to this in
quiry. If it should take place before
Congress, for no court or set Of
cour,. could ever conduct within the
compass of human lifetime the iuve.!i.
CATION which might be necessary in de-
terminlng the claim OF a slugle officer,
therefore this drgumcntum ad Mcon-
peni>ntiam is as false TO the gen
eral procedure OF the courts Of justice
in actions If quo wsrrsnto as it Is TO the
proceeding here suggested. Now, IN re-
gard 10 the legal question presented ss
TO what power each House OF Congress
had under existing laws, and what
powers consequently this Commission
can exercise, We say, as the learned man
ager from the House stated in ,opening e
this case, that there is no technical legal
limit or barrier to it, but that you e1er.
else the same power OF government
that has always been exercised in such
questions, even in the courts OF com
mon law, TO which application is made
TO obtain writ OF quo warrsnto.
You exercise the same discre-
ton, and you csa limit the
inQuiry when the point arises
within those limits that are prescribed
by necessity and convenience. This Is
our vie ", stated as fully as it IS in my
power 10 state II in the briet time l am
permitted TO occupy the attention Of your
b ,nors. We say that there is no limit
10 the power of investigation for the pur-
pose of reaching the ends of justice, ex-
cept such decision, for pubic conven
ience and the interests of public justice
and of society st large may impose
the exercise OF that discritionsry author
l,y. We are told here that we
stand IN the second century OF
this republics existence {. in such =
condition that there Is no possible
remedy against the most pslpsbIe fraud
and forgery ,ha. can be perPe:rstsd, or
sgsins, any outrageous scts in violation
OF the rights of the people Of the respec-
tive States and OF the whole Union. We
are told that there is no remedy, that
Congress must cit By blindly and silent.
IL and permit sn alien 10 be counted
into office a. President Of the United
States. Must ;is BY and permit 3 set OF
votes plainly aud pslPably fraudulent;
given by ind viduals not only disqualified
Tor want OF having been chosen BY the
citizens but being themselves also
lutely disqualified By the Constitution
from acting in office or from casting the
yo,s to be counted, and mus; permit usur-
patton Is contemplated 70 take Pisce
merely because our fathers, lone would