The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-02-04
PROCEEDINGS IN TIE TWO HOUSES
YESTRRDAY.
DIseuHsIug the Electoral Count ReSOIu
IIOn In the Benate-SOme Intereat'
Ing TAlk-LiVeIy Debate In the
House on the subject Of
ReAPPOFtIOnmeaL
SENATE.

the morning hour expired and the calen
dar came up as the order OF business,
Mr., Morgan asked consent to allow the
discussion to be resumed.
Mr.. Edmunds obIecting, Mr.. Morgan
moved 10 postpone the regular order
agreed to, ayes 80, nayes "a, as also .
further motion by Mr. Morgan TO re
sumo the consideration oil his resolution
ayes 80, nays Is. A party vote in each
instance.
Amotion by Mr.. Blaine to reter Mr.. Nor
gan's resolution TO the Judiciary Commit
tee occupied the time until III o'clock
when further motions OF like character de-
veloped the purpose OF the Republicans
by obstruction to prevent the passage oil
the resolution,
The Chair announced the unfinished
land.in.seVeralty bill as the regu ar order
Mr.. Morgan moved to postpone the or
der until tomorrow. Agreed TO, yeas 81
nays 90 ...
Mr. Elmunds moved to reconsider the
vote Just taken, but on being reminded by
Mr. Eaton that, as he had not voted ioI
the postponement, he was not entitled to
make the motion. Mr.. Edmunds withdrew
bis notion.
Mr.. Morgan moved to proceed with the
consideration Of his resolution.
Messrs, Hoar, Window Booth and
Conklirg opposed the motion as having
the effect to displaCe the pension and ap.
preparation bills and other important bust.
ness pending before the Senate.
Mr.. Conkllng In urging the above reason
remarked that the Republican side was
not disposed either to mistake or TO shrink
from the assertion OF the law on the
power OF the President ol the Senate re.
viewing the question casually as presented
by Mr.. Morgan's resolution. He express.
ed his acknowledgements to the Senator
from Ohio for the very voluminous and
Satisfactory answer that the Sepator had
given to the inquiry which he fConkling1
had prOpounded, Tor the reason that be
had not been present when the debate oc.
first feature Of the resolution, viz: the
right to count, Mr.. Conkling held that the
President OF the Senate was bound BY his
oath 10 preserve the certificates inviolate,
and 10 bring them into the presence OF the
two houses and open them. At that point
the Constitution turned back upon him
and spoke to him no longer. Alter organ.
izing that officer was merely the agent or
organ OF authority by which he derived
his functions.
Mr.. Conkling proceeded to make clear
the quasi judicial authority OF the two
houses to determine as to the identity and
other characteristics OF the electoral vote.
Mr.. Edmunds moved 10 amend 80 as To
make the resolution read that In the
opinion OF the Senate neither the Senate
nor the House representatives, nor the
President OF the Senate is invested by the
Constitution with the right to make the
count He thought rs II stood, the reso.
luton being limited merely to the Presi.
dent Of the Senate, was but half declar.
alton, and as there was no law on the sub.
jeCt, and as this was but q simple express
lon oi opinion upon the meaning Of the
language Of the Constitution, be preferred
10 have the whole declaration. He could
not agree that the Constitution did OF 1t.
sell confer on Congress any such power
any more than he could agree that It war.
rarited the inference that the President oil
the Senate had any such power. The
amendment was voted down, yeas IS;
nays 9S. Party vote.
Mr.. Davis, Of Illinois, did not vote.
Mr.. White, remarking that II was always
embarrassing to him to differ with his
party friends upon question of politi1a
or quasi political character, proceeded tC
refer 10 bis record on the subject as show
ing he had invariably held 10 the opinion
that the duty OF the President Of the Sen
ate was ministerial one. lie then refer.
red 10 and commented on the action o.
the first Congress Ia the appointment oil
John Laugdon as presiding officer, for The
purpose of counting the vote, and its sub
seQuent action as being In support ot hi
own views.
Mr.. Oonkling, In reply to Mr.. Wbyte
took issue With that Seator on the
point that the court was 0 ministerial
function, appertainihg solely to the Pfesi
, dent and Senate. He quoted from hi
own remarks on the Electoral Commission
bill four years ago, an exposition OF The
meaning Of the resolution appointing Johr
: Langdon President Of the Senate for The
}. purpose ot counting the vote by whiOh
4 George Washington and John ADAM
were elected 10 the Presidency and VicC
! Presidency, and then referred 10 anC
Q quoted from the Congressional Journals O
Q that day showing the subsequent proceed
ings connected with that count. ThI
point of his argument was 10 illustrate tht
nature OF the judicial fgnGtjon exercised b.
the two houses Ia all matters pertaining
Q 10 The count. II the assumption OF the Sen
D ator that the President Id Senate alont
4 could exercise this power was correct
then the tellers appointed by the two
- aNIaAI ~ Ihak 0HtnaS nnRkk iF
have been resented .by him as spies ant
3 lnterlopers, and the presence Of the twt
houses theUselves was Bupettluous. HI
}. went on 10 show from the judgment o
tho two houses, 90 shown ID every 10
: stauce from the absence ol oil action bl
The presiding officer, and from the com
| mttits and ex exposiliohs Of longtime states
! men Of all political parties, that the Who'll,
history OF the Government was In contra
diClioh oi The idea that the President o
/. The Senate could DECIDE any Of the ques
4 lions as 10 the validity oi electoral vote
Of States, or that he could decide any
!. other thing on which. Nigh
0 hinge asCetlainment and declaration
] OF the Presidential vote, .
Mr.. ingalls, said he believed that tht
. President OF The Senate had 0 right u
d count The votes Ia the sense Of CompninI
y them, but had not the right In the sense o
1 determining deoisiyely what weie tn
!. votes. II these two proposlt ions could b
4 separated he would favor the resolution
Q He moved 10 amend II ID accordance will
j. bis views.
!. Mr.. Blaine said be thought the reSolu
9 ton would meet the views. ol both side
4 Of the question II II would declare wh
u should count or reject the votes; no bod
o In the Senate was asserting the exercise {
the right which the resolution proposed
Ie deny.
d NJ 1hsals amendment was rejeCLe
70 without division.
Messrs Morgan and Thurman replied [
Mi. Blaine, the former stating that tb
oi Senate had to-day, by vote, declined
III On iaI0 Tho nNaaltn1 ~ vpha haN kha Ri0k