The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-02-12


body should perform that duty.
Mr.. Hosr-I do not think 1t very profit
able, at this stage of the session, 70 reopen
the great debate of eight years ago, but |
think that the suggestions thus far made
have been made on one side of the question.
IL is proper to remind the Senate and the
country, that by a very large majority the
Senate OF the UBited States expressed eight
years ago, on the fullest debate, its dissent
from the propositions which have been ad-
vsrced by the last Senator (Lapham,) aud in
that coDcurring with some OF the
ever had in this country, including,
believe. John Marshal, Oliver Ellsworth
If my recollection is 1T at fault-Daniel
Webster and Abraham Lincoln, and the late
eminent Senator from New York said In my
hearing that every member OF the Senate but
eight mad in his hearing expressed ssoti-
ments which we're in conflict with those
which had been expressed by the Senator
from Ohio (Mr. 6herman) and the Senator
from New York (Mr. Lapham), and at any
rate whether that statement was true or not
a computation which made myself showed
that all the then Senators of the United
States, with eighteen exceptions "a very
on record as expressly and distinctly
declaring that the President of the
Senate had not power to count
the vote under the Constitution in any
sense of the term counting the vote which
implies the right TO decide what votes
should or should not be taken into con.
sideration in ascertaining the constitutional
result. / myself, Hoar continued, believe
that the President of the Senate derived for
the count OF to-day an authority from the
concurrent resolution which the two
branches have passed, and that his declar.
alton of the count which the two branches
witnessed, and which was the result of the
- 81 lo44
branches In their presence without their
dissent uttered by the authority of the
branches, was a constitutional declar-
alton and procla nation OF the
result Oar ancestors added Hoar,
were jealous of the executive power The
Constitution is crowded with safeguards and
securities. The Constitutions of the several
States are crowded with safeguards aud Sc
curities against executive powers They
Were IN the habit of continuing the same
persons in public service year after year and
term after term. / believe they would have
deemed 1t monstrous il the'suppOsition had
been presented to them that the Vice Presi-
dent OF the United States, the constitution
al President OF the Senste-who as they
originally established the Constitution,
was one OF tive leading candi-
dates for the Office of the Presidency, be.
cause there was no voting for Vice President
in those days, as everybody remembers, and
oil things be one OF the leading candidates
at an election, the result of which was to be
declared-should be clothed with enormous
power under the Constitution of determin-
ing the question whether he himself were
duly elected President, and there should be
under the Constitution and laws of the
United states no possible appeal
from his decision. 1 hold that promo
sition is repugnant utterly to all we know
OF the opinions, practices and conduct of our
ancestors, who founded the Constitution
and 1t is true that in almost every State of
OF the Union, with one or two
exceptions at that time, as it is
true In large pumber of States
since. think there was bat one, excepting
that time the two houses OF the Legislature
which ascertained the result of the election
OF the Executive; so In my own State; so in
Virginia, and 80, l think, in every State
bat New York. Mr.. Hoar added be didn't
wish to enter into discussion at length
but merely to give his opinion. He Hoar)
believed the words alluded to as used by
the presiding officer. formed no part of the
constitutional proceedings, but were an ex-
preston OF his Judgment as to the scope and
meaning of an official act dene by them, and
it seemed to Hoar that it was entirely prop
er for constitutional officer to make a
declaration, although no part of the pro-
ceeeings, because otherwise it might be sup
posed to be undertaking 70 do what, as he
reviewed the question, would have been an
act OF usurpatlon.
The President of the Senate (Edmunds)
said THE Chair begs leave to state. with
the indulgence of the Senate, that the Sem
ate, in the opinion of the Chair, is IN no
wise responsible for the declaration the
President of the Senate made on the occa-
saon referred to. Neither the Senate of the
United States nor the House of Representa-
tives has conferred any authority upon the
ali ut ha ia N TO- ID
There is no law within the knowledge Of the
President OF the Senate that provides for
the proceedings of to-day except the Con-
stitution. The President of the Senate was
of the opiEion, and still is, that the concur
rent resolution is not law, and il the con-
current resolution providing for this occa-
sion had contained any direction to the
President OF the Senate, that was
Endorsement with bis views of his constitu-
ts0usl dutv, he would sha been bound to
disregard II, or preferably as be certainly
would 40 would have resigned his ONCE
snd allowed the Senate freely to elect gen.
ileman whose opinion cOlnclded with that
OF the majority, so that no gentleman
needed 10 feel bound as By a precedent by
anything that the Vice President said. He
was doing his constitutional duty IN open
ing and reading the certificates aud making
manifest what they contained, and ne stated
oD his wn responsibility and on that OF no.
body else the negation of duplicating that
which might have arisen from a different
statement OF the result. That is sll.
Mr.. ingalls, offered the following resolu-
ton:
Resolved. That the Senate does not assent 10 the
concluding declaration OF the President OF tue
senate in the announcement of the vote for Pres
ident and Vice President OF the United States
made in the presence OF the two houses OF Con-
gress this day.
Mr.. Bsyard-Let THAT go over till to -psor-
row.
The resolution went over accordingly.
Mr.. Hoar offered the following
Whereas, The Senate having met the House of
Representatives IN accordance with the fifth
section of the act of March, 1872. relative the
election OF President and Vice President of the
United States, and the Electoral vote having been
opened by the President of the Senate in the
presence of the two Houses of Congress and
counted by the tellers appointed on the part of
the two Hnusae and IL anraa rsna that thu rxhnla