Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-12-09

/ WisiiSo w uohC WAS, WnctueI tlle power
TO count did not carry with it the power
to determine what was to be counted.
Suppose the gentleman from New Jer-
8 V was sent to count flock of sheep,
and some goats got mixed up with it;
would he count the goats?
Mr.. Robeson shook his head.
Mr.. Hunton said that then the gen.
tleman could not undertake, il he were
President OF the Senate, to count a
forged certificate any more than he
could count goats, and that therefore he
must act judicially to a certain extent.
Mr.. Cox, OF New York, thought he
could put the matter in a nutshell.
Suppose the certificates OF the State OF
New York at some time between the
time they left Albany and the time they
were opened by the Presidegt, should
! be secretly opened and the names OF
Garfield and Arthur stricken ont and the
names OF Hancock and English should
be inserted, would the President Of the
Senate or the two houses be powerless
to prevent the fraud, and would il be
necessary to count the State for Han.
cock and English, and what body or
power, il any, must determine the ques-
ton OF forgery?
Mr.. Robeson, in reply to Mr.. Huntop,
denied that Congress had the power TO
count the votes. II that power resided
in either the Vice President or in the
two houses, ii resided in the Vice Pres
ident, because he Was required TO open
the certificates. He did not sag that
the Vice President had that power; but
he did say that the Constitution and
laws OF the United States had provided
what should he the authorization OF
the certificates. II they were in com.
pliance with the authorization pre-
scribed by law then it was the duty OF
the Vice President to open them. II
they were not 80 authenticated then
they were goats and not sheep. But ii
they were clothed with the wool OF State
power they were sheep and not goats
When ministerial duty was in-
posed OH any officer he must act
ministerially, TO be decided judically af-
terwards il it was subject TO judicial
proceedings, and by that tribunal which
Congress, acting in its legislative power
under its right to put in motion all the
functions OF the constitution, had tie
right to provide beforehand III the ab-
sence oil any such tribunal. When
there was a failure on the part of Cor
gress to prescribe that tribunal the min
isterial right and power must stand as
the whole exercise OF the power. He
appealed for the strength OF his PROPOSE
ton to no less an authority than Chan.
csllor Kent.
wMr. McLane reminded Mr.. Robson
that he had not really answered Mr..
Hunton's question, and he (Mcl.ane)
restated them with variations.
Mr.. Robson repeated his denial that
Congress had any judicial power, be-
cause the Constitution expressly pro-
videdlthat the judicial power should re-
side in the Supreme Court and in
inferior tribunals to be fixed by law. In
the face OF that Constitutional provision,
who, he asked, could dare to say that
convention which was clothed with no
power except to be present when the
ministerial officer performed his func.
tions, could exercise judicial powers
on the most vital question in the life OF
the Government.
Mr.. McLane contended that as the
Constitution authorized the two Houses
to participate in the counting OF the
electoral vote and as such counting in
vclved the exercise OF judicial power,
therefore the two Houses did possess
judicial power.
Mr. Robson said he had endeavored
in his poor way 10 answer Tally and lair
ly every question put to him, not because
he believed that he had the strength to
stand alone against the united iorcc OF
those who attacked his position, but be-
cause he remembered that "thrice is he
armed who hath his quarrel just" lie
then went oa to answer the question
put by Mr.. Cox, as to the case OF ialsiti.
cation Of the certificate on its way from
Albany to Washington. His answer
was that such case had been provided
against by every means which prejudg-
ment and precaution OF men could take,
by the requirement OF triplcate lists to
be sent by different means, each OF
which lists corrected the other and in
formed the ministerial judgment OF the
Vice President
Mr.. Cox-Suppose that all the lists
were tampered with.
Robeson-Suppose that the skies
should fall, then we could catch larks.
Mr.. Davis, oi North Carolina, put the
case OF the Louisiana certificates OF 1876,
to which the names OF three electors
were forged, and asked what was to he
done il after the opening Of the certiti.
Gates one or more members, who were
cogrizant oi the forgery, arose and an
nounced the fact.
Mr.. Robson replied that the proper
course would be for such persons to 20
i'm advance before the tribunal and tes-
tify to the forgery. He added that GER
tainly, witnesses would not be author
lied to decide the matter f)r themselves
by the exercise OF judicial power.
Mr.. Davis pressed the point that, ac-
cording TO Mr.. Robeson's position, the
Vice President would count the forged
returns, and the two Houses would have
to witness that wrong.
Mr.. Robesop again restated his posi-
ton and apologized to the House for
having consumed so much time. In
conclusion, he gave notice that he would
offer the following as a substitute Tor
theconcurrent resolution:
RtslI"cI,..Tha. the two houses will as
semh,e in the chamber OF
the House OF Representatives on the
second "Wednesday Of February, 1881,
at 10 O'Clock; that the President OF the
Senate shall be the presiding officer;
that two persons shah be appointed tel
lers on the part OF the Senate and two
on the part Of the House
oi Representatives, to make
the list OF votes as they shall
be classed, that the result shall be de-
clared by the President of the Senate,
who shall announce the state oi the
vol, or the persons elected before the
two Houses, assembled as Aforesaid,
which announcement, together with the
list OF votes, shall be entered on the
journals OF the two Houses.
Mr.. Reagan gave notice that as soon
as the pending matter was disposed OF
he would a.k for the consideration Of the
inter State commerce BILL
Mr.. Stone introduced bill forfeiting
the public lands granted the State OF
Michigan for railroad purposes.
The House then adjourned, and it
was announced that q Democratic eau
Gus would be held Immediately, and
Republican caucus this evening.