The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-12-08
Representative. can have nothing 10 do

two instances when there had been no
election OF President. In both OF those in.
stances the House OF Representatives had
been informed OF the fact hy messages
from the President OF the Senate.
Mr.. Springer inquired whether this
body had never the right TO determine
when the contingency arose?
Mr.. Lspham-Neyer, 1t was never de.
si2ned that the House should determine
when that contingency arose.
Mr.. Springer-Suppose the Vice Presi-
dent determines that the contingency has
not arisen, must this body sit still?
Mr.. Lapham-If the Vice President de.
clares that q President Is elected, he is
elected.
Mr.. Spriuger-Suppose he declares it
contrary to the fact, IS it was assumed he
would do at the last election?
Mr.. Laphsm; That Is supposing an i'm
possible contingency.
Mr.. Reagsn argued that the matter pre-
sented was q question OF privilege, and
that the President Of the Senate was
merely vehicle or medium between the
electors and the two houses OF Congress.
Mr.. Conger made an elaborate argu-
ment 10 show that the matter was not at
present q question OF privilege. He re-
lied principally on the fact that in the late
revision OF the rules, rule g. which epeci-
fed what were questions OF privilege, did
not include this subject. The presence Of
the two houses on the occasion OF the Vice
Presidents opening and countinRthe elec-
toral votes, was generally, he said, taking
advantage OF the permission given them
by the constitution, if they desired TO be
present during the interesting ceremony
in connection with the declaration oil the
Presidential election. No possible con.
struction could be given to rule 9 which
would make this question Of privilege.
The principle involved in this matter was
very serious and important one. However
importsIt the subject was, however de.
sirable it was to have the question settled,
however much attention OF the Senate
and House had been called to the subject
matter; whatever dangers the country
might have escaped and whatever dang.
ers might still threaten the integrity oil
the House and It's rules, had been preserv.
ed. II the Speaker were TO go beyond
rule nine and declare this question OF
privilege on some wild theory because the
Government is Republican, because great
interests are at stake, because the Presi-
dental election is important, because the
country has been on the very verge OF
revolution, and had barely escaped, and
because that same danger threatened II
again and again, the Speaker himself
would be acting in q revolutionary man.
ner. (.
Mr.. Hooker replied to Messrs. Conger
and Robson, and quoted from the Digest
Of Rules, in which. it ia declared that,
Whenever the Speaker is Of the opinion
that question Of privilege is involved in
the proposition he must entertain it in
preference to other business, such opin.
ion. OF course, being subject to an appeal,
and when a proposition is submitted
which relates to the privileges OF the
House, it is his duty to entertain 1t, at
least to the extent oil submitting the ques-
tion to the House, as to whether or not 1t
does not prevent question OF privilege"
The digest further says: IAN enumera-
ton OF questions OF privilege that may
arise cannot, OF course, begin, but the fol-
lowing list embraces nearly all that have
arisen: Election OF Speaker, the right OF
a member to be seated. and the election Of
the President OF the United States"
Mr.. Updegraf argued that the matter
did not present, under the rules, CUES.
ton OF privilege. II 1t related to par
ticular election it might do so, but the
rule relating to the elections generally did
not do so.
Mr.. Whithorne said that the attitude OF
the gentleman informs the Speaker ss we'll
as the country that there are claims under
the Constitution that the Vice President
alone has the right to count the Electoral
vote.
The Speaker and country are informed
by past legislation, practices and customs
heretofore prevailing. that the House OF
Representatives and Senate have asserted
their rightto do this thing.
The pending proposition is one going
directly to the highest privileges OF this
House. The attitude otthe gentleman on
the other side Is denial OF that right.
The Speaker is aware that the House
must decide the question at this session. 1t
il therefore right, before the Speaker, and
submit that the proposition involves the
question OF privilege, but arise merely
for the purpose OF saying that the question
involved here has no reference to the
pending Presidential election, declare 10
you aud the country, and speak for the
people OF nv State, and believe for the
Democratic party OF the country, that the
proposition has nothing to do with the
election Of Mr.. Garfield. He has been
elected by the people, and I for one shall
see to it that he is inaugurated. Mr..
Springer called attention to the fact that
the Republican Congress hss enacted the
ioiut rule for counting the Electoral votes.
Mr.. Robeson replied that under the
pressure oithe wa: and the reconstruction
that followed 1t, the Republicans had made
good OF false LEGISLATION, they had been
weak and precipitate in many Of their ac-
tions and were suffering from 1t to-day.
The Speaker: The chair desires TO say
that the twelfth article Of the Constitu-
ton provides for the counting OF the elec.
tor4l vote and section l42 OF the revised
statutes provided that the electoral vote
shall be ascertained and declared agree
ably, and the constitution Of this law also
fixes the time for counting the votes aud
fixes this session as the one at which the
count shall be made OF the last eIection.
The uniform practice, certainly recent
practice, goes 10 the extent ot showing aud
places fair construction on what has
been the action OF Congress, that
the two houses do count and
have counted the electoral vote.
Tho two houses Of Congress in the
first session OF the Thirty.eiGhth Con.
gress agreed to the twenty-second joint
rule for counting the vote OF the Senate.
The first session Of the Forty.iourth Con.
vress re.enacted oil the joint rules oi the
Forty.third Congress, except the twenty.
second, and the House taking no action
thereon, the Senate declared there were
no Joint rules in force. The Senate de.
cided In the Forty.iourth Congress, by a
vote Of SO to 7, that the President OF the
Senate bad no power to cast the vote.
The Senate now sends this Joint rule 10
take the place OF the twenty-second Joint
rule. II the Chair were TO refuse, on
techuicalitiss, to allow an adjustment be.
tween the two Houses as to the govern.
ment OF the Houses when in joint session,
such proceeding must lead 70 chaos, con.