The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-02-12
PROCEEDINGS In CONGRESS.
Great Interest EVinced i'm the Counting
of the Electoral Votes for Pres.
ident and Vice President.
The Constitutional Manner OF
Counting the Vote and It's
Announcement Discussed
In the Senate.
FORTY-EIGHTH CONGRESS.
The Senate.

The Senate.
WAsHINGToN d. c., Feb. Il.-Several bill )
were introduced, memorials and resolutions
presented and properly referred.
At i've minutes before i q message was
received, announcing the House OF Repre-
sentatives would at l. O'Clock De ready 70 re-
oeive the Senate, that ia 1oint convention
both Houses may count the electoral vote.
The Chair announced the concurrent reso-
luton providing for a Joint convention
would now be executed. and the Senators
headed by the President pro tempore and
Secretary Of the Senate, and preceded by the
Sergeant-st-Arms, proceeded to the House of
r, presentatives.
At % p. m. the Senators returned to the
Senate Chamber, and the President pro tenn.
OF that body, having resumed the Chair. the
tellers on the part of the Senate, Messrs.
Hoar and Pendleton, appeared, and on their
behalf Hoar reported the result OF the cleo
torial count.
When the tellers' report was completed
the President of the Senate repeated YER
batim the closing sentence OF the announce.
ment made by HIM in the Hos Sc of Represent
The sentence was as follDws: and the
President of the Senate makes this declars-
ton only as a public statement in the pres
ence OF the two houses of C)ngress of ths
contents of the papers opened aud real on
this occasion, and not as possessing any au-
thOrity in law to declare any legal concl1-
sion whatever"
Mr.. Conger said he desired, as one of the
members of the Senate. to say that he en-
tireiy dissented from the declaration that
the President of the Senate, or Vice Presi-
dent, has no other power in announcing that
vote than TO announce the fact, and he did
quoted had been made a par, of the
declaration. Mr.. Sherman said: Il
also wish for myself, having put
on record my opinion on this
| question at other times, to again assert and
put on record my opinion that the declara-
ton made was the declaration of the gen
J slen an who presided on that occasion, ex-
| pressing his own opinion, and should not be
taken as precedent except 80 far as may
| command the judgment o. mankind here
| after. / believe the Vice President OF the
| United States declared and exercised a con-
stitutionsl power when he presided over the
1 body to-day and eOsnted the votes snd that
! his announcement of the vote was con-
| elusive, and ali argument upon the cues.
| ton, and that in doing so he not only gave
his own opinion as the result of certain
| papers given to him, but he made the only
constitutional declaration provided for IN
| der the existing law who is to be President
| of the United States after the 4th OF March"
The RESOLUTION offered in the Senate by
| Mr.. Ingalls,, declaring that the Senate does
not assent to Mr.. Edmunds' declaration,
went over until tomorrow, as did the reso-
| luton by Mr.. Hoar approving his course.
Mr.. Hoar-I conceived it to be my duty,
as one of the tellers, to report to the Senate
only so much OF the proceedings of the
| Houses IS SEE med 10 me to be of the sub
| stance of ascertairment and declaration of
! the result. did not, therefore, in the report
! which / made to communicate the various
| declarations, or tn statement of the presid-
ing officer as l supposed he understood, as
| has been stated by tlFe Senator from Ohio
| SbeTman) that the declaration which had
| been adverted to was a declaration Of his
| own understanding of the significance of an
| official order in no way entered il as giving
it authority, or as affordlng any precedent or
weight for future guidance. The reDresen-
| tatives OF the American people in the two
| Houses-except so far as weight and deserved
| weight-that attaches 10 the opinion OF SO
eminent constitutional lawyer may i'm
| press them hereafter.
Mr.. Ingalls-Without entering upon
discussion OF the question, that is and prob.
| ably always must remain an open one. /
| wish on this occasion to express my dissent
| absolutely from the conclusion contained in
the declaration of the President pro tenn. OF
| the Senate, and TO say that in my judg
ment, it should not be held in any way as
precedent covering the action of that officer
or this body upon similar occasions here
| offer.
| Mr.. Wilson, merely wish TO express my
concurrence in what bss been said by the
O.. IL
/ Judgment the duty imposed on the Vice
| President of the United States in the matter
| Of counting and announcing the result OF
| the Presidential election is a high constitu-
tionsl duty, and the declaration made by
| the President pro tempore of the Senate,
according to my Judgment, is not IN accord
snce with the requirements OF the C0nstitu-
| ton.
Mr.. Lapham-I had occasion eight years
ago TO examine this question. / found from
| the records Of the convention that framed
the Constitution that this clause OF tie Con-
| sutution relating to the counting OF the
electoral votes. as voted upon and adopted
read that the President OF the Senate should
! then and there open all the certificates, and
| that the votes should then be counted IN the
presence of the Senate and House OF Repre-
| seDtAtives making the Senate and House OF
| Representatives mere witnesses OF the act 10
be performed by the presiding officer fol-
| lowing that the first resolution adopted on
| the subject was a res0l 1tion OF the COnu-
mental Congress, inEhich they recommended
! that a President pro tenn. of the Senate
should be aDpoin ted for the sole purpose OF
! receiving, opening and counting the
electoral vote. and that wa done,
and the following Vice President,
Adams, counted the vote and declared the
result, and announced himself elected Presi-
dent OF the United States. I believe, sir, il
was the intention OF the trainers OF the Con-