Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1877-02-08

4
was elected United States Senator. he was
reelected 10 the Senate, of which he has been
leading member, in 1874. luils 4a T1l
j. Senator Thomas F. Bayard Oem }, of Del
aware, was born at Wilmington, Delaware,
ou- The 2sth of October, 1928. He was trained
in mercantile life. but adopted the profession
of the law, which he has always practiced In
his native city. In 1853 he was appointed
United States District Attorneyfor Delaware,
and was elected United States Senator from
that State to succeed his father, James A.
Bayard, in 1869, and was reelected in 1875.
] Representative James A. Garfield ,(Rep. J,
of Ohio, was born in Orange, Ohio on the
18th of November, 1881, was graduated vii
Iians' College in 1856. He studied and prac-
ticed law at home, served for two terms as
member of the Ohio Senate, entered the
Union army as Colonel, and was promoted
to be Major General in 1868. He has sat in
six successive Congresses, and for several
years has been one of the leaders of his party
in the House of Representatives. ;'
Representative George F. Hoar (Rep.) of
Massachusetts,, was born at Concord, Mass,
on the 29th of August, 1926 He was sradu-
ated from Harvard University in 1916, studied
law and practiced at Worcester. He has been
member of the last four Congresses, and has
just been chosen United States Senator from
Massachusetts, to succeed Senator Boutwell,.
Representative Eppa Hunton (Dem. }, was
born in Virginia in 1923. After limited ed
ucation he studied law. and became Common
wealth Attorney for Prince William county
in 1849, holding the office until 1863. He was
a member of the Virginia State Convention of
1861, and entered the Confederate army as
Colonel He was promoted to he Brigadier
General after the battle of Gettysburg, and
was captured at Sailors Greek in 1865, and
confined for about four months in Fort War
ren. He was member of the Forty-third
Congress and has been reelected to the Forty
fifth. i- "t -. @ @
Representative Josiah G. Abbott Dem }, of
Massachusetts, was born at Chelmsford,
Mass, in 1915, and was graduated FROM Har-
ward College in 1882. He is lawyer by pro-
fession. He was a member of the lomer
house of the Massachusetts Legislature in 1886
and of the State Senate In 1S41 and 1912. He
was made q Judge of the Superior Conrt of
the State in 1855. The present is his, first
term in Congress- His opponent obtained
the certificate of election, but the House of
Representatives awarded him the seat. r.,
Representative Henry B. Payne (Dem. }, of
Ohio, was born in Hamilton county, N. Y,
on the 30th of November, 1910. He was
graduated from Hamilton College, studied
law, and settled at Cleveland, o., in 1884,
where he has been closely identified with city
and State interests. He has been a Democrat
ic candidate for Governor Of Ohio and for
United States Senator, but has been defeated,
and he has been in Congress only for the
single term, which is now about to expire.
--- %.
In view of the fact that the power is
claimed for this Commission TO go be-
hind the returns, and in view of the
further fact that one Of the members of
that Commission is Senator Dayard, of
Delaware, the following extract from
his speech, made on the 25th Of Febru.
ary, 1875, will not be without interest:
Nowhere is power given to either
House of Congress to pass upon the
election, either the manner or the fact
CT Electors for President or Vice Pres
ident; and If the Congress of the Unit.
ed States. either one or both Houses
shall assume, under, the guise and pre-
text of telling or counting as vote, to
decide the fact Of the election of elec.
tors, who are to form the college, by
whom the President and the Vice
President are to be chosen, then they
Will have taken upon themselves an
authority for which i, for one, can find
no warrant in this charter Of limited
powers. This was the belief, and the
action OF the country has been in ac.t
cordance with this belief from its foun-.
dation until February 6, 1865, when
the Twenty-second Joint Rule was
adopted. That the rule was upconsti.
stutional, i cau not doubt; and [ do not
think l am going toe far when / say
thatsthe uuconstitutionality of that rule /
is generally admitted. There is moth.
ing in this language that authorizes
either House OF CroDgress or both
Houses OF Congress, to interfere with
the decision which has been made by
the electors themselves and certified by
them and sent to the President of the
Senate. There is NO pretext that fer
any cause whatever Congress has any
power, or all the Departments of the
Government have any over to receive
and count the result of the action ofthe
voters in the States in that election. as
certified by the Electors whom thew
ha phOSon nhof m
whether that choice was made. that
question may arise whether that cleo.
tiOn was properly held, or whether il
was free and a fair election, is un-
dOubtedly true, but there is no macbin.
cry provided for contest, and no contest
seems to have been anticipated on the
SUBJECT. IL IS cdusus onasss,ts, intention.
ally or otherwise, upon the part of
those who framed the Government, and
We must take it as ii Is, and if there be
necessity Tor It's amendment, for its
supplement, that must be the action of
the American people in accordance
with the Constitution itself; and 1 am
Tree 10 say that some amendment on
this tribunal should be had. But be-
cause there Is no machinery provided,
no tribunal appointed by which this
most important issue and contest may
!! be decided as to who was chosen an
elector for President and Vice Presi.
dent in any State, that certainly does
not justify Congress in assuming, either
by direct formal claim of the power In
the enactment of the law, or by adopt
ing rules which shall give them such
power as will be equivalent to the con-
troll of the subject.
l
1t would be hard to state the Repub.
lican theory in stronger terms than
this. 1t is this position that the lead
ers stand by to-day, and that they will
maintain Lefore the Commission.
| THE New Jersey Mutual Life Insur-
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