The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-02-12

framed the Constitution; and it is true that IN
almost every State of the Union with one or two
exceptions, at .that time, as it is true in large
number OF States since-I think there was but
one exception at that tlme--that the two houses
of the Legislature ascertained the result of the
election of the executive. So in my own State,
80 In Virginia. and so, | think in every State
but New York. Mr. Hoar added that he
did not wish tC enter irto discussion at length,
but merely to give his opinion. He believed the
words alluded to. as used by the presiding Of
hcer. formed part of the constitutional pro-
ceedlng, but were an expression OF his judg
ment as to the scope and meaning of the official
act done by him; and it seemed to Mr. Hoar that
1t was entirely proper for constitutional officer
to make this declaration, although it no part
of the proceedings, because otherwise he might be
supposed to be undertaking to do what, as he
viewed the question, would have been an act of
usurpation.
MR. EpMUEDs SPEAKS FOR HIMSELF.
The President of the Senate Mr. Edmunds)
said. ''The Chair begs leave to state, with the
indulgence Of the Senate, that the Senate, in the
opinion OF the Chair, is in no wise responsible
for the declaration that the President of
the Senate made on the occasion referred
TO- Neither the Senate of the United States
nor the House of Representatives has
conferred any authority upon the President of
the Senate to make anything There is no law
Senate that provides for the proceeding of to-
day except the constitution. The President of
the Senate was of opinion, and still is, that a
concurrent resolution is not a law, and if the
concurrent resolution providing for this occasion
had contained any direction to the President of
the Senate that was inconsistent with his views
of constitutional duty, he would have been
bound to disregard it, or preferably, as he GER
tainy would do, would have resigned his Office
and allowed the Senate freely to elect gentle
Of the majority-so that no gentleman
need feel bound as by precedent by
anything .that the Vice president said.
He was doing constitutional duty in opening
aud reading the certificates and making mani
fest what they contained. and, he stated. on his
own responsibility and on that of nobody else,
the negative of the implication that might have
arisen from different statement of the result
That is ALL"
Mr.. ingalls, offered the following resolution:
Resolved That the Senate does not assent to the
concluding declaration of the President OF the SENATE
Vice president of the United States made in the pres
Snce of the two houses of Congress this day."
Mr. Bayard-Let that go until to morrow.
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, 1892, relative to election of
President and Vcepresident of the United States and
the electoral votes having been opened by the Pres
dent of the Senate in the presence of the houses
of Congress and counted by telers appointed the
part of the two Houses; and it appearing that the
whole number of electors appointed TO vote for Presi
dent and Vice president of the United States is 4O1
of which majority is 2O1: and, it further
appearing that Grover Cleveland of New
York. had received 219 votes for President
Of the United States and that Thomas A. Hendricks,
of Indiana had received 2l9 votes for VcepresideEt
Of the United States which is majority of the votes
of the whole number of electors appointed and the
same having been duly declared by the President of
the Senate in the presence Of the two houses there
FORE
Resolved. That the Senate is of opinion that the
Constitution and laws have been duly executed and
that no further declaration of those facts is
sary."
Messrs Conger and Ingalls-Let that stand over
till to morrow.
1t went over accordingly.
Mr. Hoar said the resolution was in the usual
form. and was just like the resolution of four
years ago.
mir. Ingalis-But the declaration was in the
usual form. That settled the matter.