The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-12-09
MORNING. DECEMBER g. 1880.

, the President, should be secretly opene
and the names Of Garfield and Arthu
stricken out and the names Of dancocl
and English should be inserted, would th
President Of the Senate, or the two House
be powerless TO prevent the fraud, AM
would II be necessary to count the Stat
for Hancock and English, and what bod!
or person, II any, must determine the ques
tion OF forgery?
Mr.. Robeson In reply to Mr.. Huntor
denied that Congress had the right 4
count votes. II that power resided II
either tho Vice President or In the two
Houses, It resided in the Vice President
because he was required to open the Ger
titicates. He did not say that the Vice
President had that power; but he did Say
that the Constitution and laws Of the
United States had provided what should
be theauthentication OF certificates. L
they were In compliance with the authen'
tication prescribed by the law then 1t was
the duty OF the Vice President to open
them. II they were not so authenticated
then they were goats and net sheep. But
II they were clothed with the wool oil
State power they were sheep and mot
goats. When a ministerial duty was i'm
posed on any officer he must act minister
terially, 10 be decided judicially atterwatd
II Il was subject to judicial proceeding,
and by that tribunal which Congress, act.
ing In its legislative power under It's right
to put in motion all functions Of the Con-
stitution, had the right to. provide before
hand In the absence Of any such tribunal.
Where there was. a failure on the part Of
Consgess To- prescibe that tribunal, the
ministerial right and power must stand as
the whole exercise Of the power. He ap.
pealed for strength 10 bis proposition to
no less an authority than Chancellor
Kent.
Mr.. McLane reminded Mr.. Robson that
he had not really answered MIR. Hunton's
questions, and he, (hcLane) restated them
with ysriations.
Mr.. Robeson repeated his denial that
Congress had any judicial power whatever,
because the Constitution expressly pro.
vided that Q rejudicial power should re.
side In the Supreme Court and In inferior
tribunals 10 be fixed by law. In the face
OF that constitutional provision who (he
ssked) could dare to say that convention
which was clothed with no power except
TO be present when ministerial officer
performed his functions could exercise
judicial power on the most vital question
in the life OF the government?
Mr.. McLaine contended that as the Con.
stitution authorized the two Houses
to participate In the counting Of the elec.
toral vote, and as such counting involved
the exercise Of Judicial power therefore
the two Houses did possess Judicial power,
Mr.. Robson said he had endeavored In
bis poor way to answer fully and fairly
every question put TO him, not because he
believed he had the strength to stand
alone against the united force Of those
who attacked his position, but because he
remembered that "thrice is he armed who |
hath his quarrel just.n He then went on |
to answer the question put by Mr.. Cox,
as to the case OF falsifcation Of the GER
tificate on Its way from Albany to Wash
inston. His answer was that such case |
had been provided against by every means
which the prejudgment aud pTecautiop Of |
men could take, by requirement OF trip. |
licate lists to be sent by different mesns,
each OF which lists corrected the other
and informed the ministerial judgment Of
the Vice President. l
Mr.. Cox-Suppose that all the lists were
tsmpered?
Mr.. Robeson-suppose that the skies
should ia1 then We could catch larks.
Mr.. Dayis, OF North Carolina, put tho |
csse OF the Louisville certificates OF 1875, 10
which the names OF three electors wero
forged, and asked what wss to be done II,
after the opening OF the certificates, ono
or more members who were cognizsnt OF
the forgery arose and announced the fact?
Mr.. Robson replied that the proper |
course would be for such persons TO go in |
advance before tho proper tribunal and |
certify to the forgery. He added that
certainly the: witnesses would not be au.
thorized to decide the matter for them
selves by the exercise Of judicial power.
Mr.. Davis pressed the point that, &C.
cording to Mr.. Robeson's position, the |
Vice President would count the forged re- |
turns, and the two Houses would have to |
witness that wrong.
MIR. Robeson again restated bis position,
and apologized to the House for having |
consumed 80 much time. In conclusion,
he gave notice he would offer the follow |
ing az. q substitute Tor the concurrent reso,
luton: Resolp.d, That the two Houses will
assemble in the chamber OF the House Of
Representatives on the second Wednes-
day OF February, 1881, at twelve o'clock;
that the President Of the Senate shall be
the presiding officer; that two persons
shall be appointed as tellers on the part
OF the Senate and two on the part OF the |
House Of Representatives, to make lisL
Of votes as they shall be called; that the |
result shall be declared by the President
OF the Senate, who shall announce the
State OF the vote or persons elected, before |
the two Houses assembled as aforesaid,
which announcement, together with q list |
OF yoies 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 ask Tor the consideration Of the in. |
ter.atate commerce bill. d.
Mr.. Stone introduced bill forfeitng
the public lands granted the State Of
Michigan for railroad purposes. "
The House then adjourned, and 1t was
announced that Democratic caucus
would be held Immediately and Repub'
lican caucus this evening.