Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-12-11
Baby &trrnebtf 5ournal.
Augusta, Saturday Morning, Dec. II.


The Presidential Count.
The debate in the House on this subject
was sprung upon that body at the very
opening of the session by the democratic
side. The resolve introduced by Mr.. Bick-
nell Of Indiana il the exciting cause of
the contest. Under the present joint
rules which have governed the count for
. number of years the vote of both
Hodses is necessary to throw out the re-
turns of a State. But the Bicknell resolve
would overthrow this plan, and place it
in the power of either House to reject the
electoral vote of State. To illustrate
II one of the members of the New
York Board Of Canvassers had raised an
obje ;tion-as it was said at one time Mr..
Seymour might do-to counting the vote
Of New York State for Garfield and
Arthur, and had sent to Vice President
Wheeler paper asserting that the Han
cock and English electors received ma
jority of the votes cast in the election. the
democratic House Of Representatives
under the proposed rule could throw out
the entire vote of the State and prevent
It being counted; whereas under the
present joint rule the vote would be
counted a. certified to by the present
State officers unless the objection should
be sustained by both Houses voting sep
arately.
II will be seen at once what great
power for evil such resolution. IL adopt
Cd, would place In the hands Of parti-
san majority in either House. They
might under it revise completely the re-
suit of any Presidential election or so OBJ
struct the count that the country might be
involved in war before the dispute were
settled. 1t would be a very Pandora box
in the way Of reaching a just and peace
ful settlement of the Presidential count.
And not only is the rule itself dangerous
in what 1t contains, but the manner in
which it is proposed by the democrats to
give it the power OF law, without submit
ting It to the President for his approval, is
both unconstitutional and revolutionary.
Were the resolution to come before Pres
ident Hayes for his approval or rejection
he would undoubtedly veto it. but the
democratic fire-eaters claim that it does
not require his approval to give it effect,
and stand upon that position.
The republicans in Congress have come
TO the conclusion to oppose the measure to
the last extremity, let the consequence be
what 1t may upon the business Of the ses
sion, and in this determination the people
at large will sustain them. and visit their
wrath upon the heads of those who have
thrust this fire-brand into the National
councils at this time.
Mr. Robson, of New Jersey, in the
remarks which he has made upon the
electoral count. takes the ground that
Congress has no power to act judicially
upon. to reject or to receive. the vote of
any State; that they are to be present for
the sole purpose of witnessing the count
ing; that the opening of the votes is the
sole function of the President of the
Senate. and that where there is any doubt
as to the authenticity of the votes Of any
State the Constitution has provided no con-
elusive means of settling such doubt.
though 1t is plainly the requirement of the
spirit of the Constitution that such dis
pute should be decided by the tribunals of
the State itself. and that that decision
should be respected. He did not contend
that the Vice President. in the discharge
Of his ministerial function of opening all
the certificates. had any power to act ju-
dicially. He limited the power of the
Vice President by the written words of the
Constitution itself. just ~ he limited the
powers Of Congress.
Besides these resolution has been in
troduced to the Senate by Mr.. Morgan
Of Alabama, which proposes an addition
to the Constitution of the United States.
giving to Congress the power to establish
oil necessary rules and regulations in ac-
complishing the Presidential count. but
forbidding the changing of any such rules
or regulations within period Of one year
next before the time fixed by the laws of
the United States for the appointment of
electors In any State.
Thus II will be seen that the democrats
have plunged Congress unnecessarily in
to the consideration of matters which will
occupy a large part of the session and
prevent attention to measures upon which
eminent depend.
Mr. Moore of the Arson Advocate finds
heart to say in his paper OF this week that