The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1885-02-19

ul@n ou4 1{14 uffM4 ~ Flrri te/f|
cen, to) lhlhk no sursssi ~ Via
hsvs b:!n vsds on one so u We /res
s s."" " ~ pTIIs 70 sou ,ss,T no. %,
IL sssals w sysp,s,ssd W. eIslX%,o",ln,s'
aga, IN xno inllest d0neta, I( dlesont
ffuIi HE Propositions whlfl Nave bean
eivsnnod uy'fne last .onat1/ (bsphsli)
aud Ia thst concirrinx siti(a 100 OF tho
gvatest constitutional authorities VI.
hsye , eyer had ~ ihis coan-
Ss,.Oa I'o'a s"s 'lie,scs, ". vJ Jo,n
II p,y recollection b M nt fault, Dan.
lei Webtter and Abralfan L,proln and
the late emlnont soyalor from New
York, ~ my heofinZ expressed sonrl-
inonls which werE la confilc. Win
those which have boen expressed
nv the sanntyr from Ohio,
hhernanl sod t16 senator from New
sr thai too tfns 81 moi, q comput zion
winch I myself modo bowed mat all
tho then squat ~ tho United
States, With elCht exoeptions In
very small Inlnor'cy 81 thai body)
wers on RECORD a. expressly and DIS
tlnotiy declaring tha. tho president OF
no senate had NOT the power 10 count
the vote u6der the CONS iluGion In any
whloh infplies tho right - decide who
should /or who should not be taken
into Consideration IA ascertaining
me oohstitutonal result. l MYSELF
NJ. ltoat continued, "believe that the
presi9ert OF tho Bon ate derived from the
count Of to-day an authority from con.
current resolution, which the two
brHnthos Rave passed, and that his
iq0lArttlT of the count, which the
~ hes Witnessed, and which
was tho result OF the report Of
thp teNsfe representing the two
hrhsnchea IA their presence, without
tHsir dissent, uttered, by authority OF |
the Two branches, was u constitutional |
(oeclaralion and proclamation OF the
Mr.. Hoar, "were jealous OF |
the executive power. The constitution
~ crowded with safeguards aud securi-
ties. The constitutions of tho several
statos ara crowded with safeguards aud
securities against executive power.
rhey were IN the habit OF con-
tnuins persons In public service
after term. L believe they would have
deemed 1t INDUSTRIOUS Ii the supposition
WAS presented W them that tho presi.
dent OF the U iited States, the consGitu.
tlUnal president of the senate, VINO, as
they originally established the
.ohstltuliohi WAS ono OF Two
hce OF The presidency, because
there was 40 voting for vice-president
Ia those days, as everybody remem-
bers, aud who, OF course, would, in the
ordinary course of things, DO one OF
tue loading candidates ut the election,
result which was to be
declared, should be clothed with the
enormous power, under the consiitu
M |
whether he himself We're the duly
elected president, aud there should be,
under the constitution and
tue laws of the United
states, no possible appeal from
his decision. 1 hold that the PROPOSE
zion IL rope quaint, utterly, To ali we
know OF ths opinions, practices and
the constitutions, and 1t is true !
mat in almost every state
IN tho Union, with one or two
mt that time, as 1t Is /,
b no IN a large number of states since /;
that time, tllstth two houses OF the leg :
stature ascertained the result of the :
,isction OF the executive. 80 10 I
aud 80 1 think in every
state but New York." Mr.. Hoar added ,
hat no did not wish to enter into dis.
,uason ut length, but merely to give his :
ipiuiOn. He believed the words alluded !
70 rs used by the presiding officer, /
formed no part OF the constitutional pro-
'eeaing, but were expressed as his
Judgment as TO the scope and the mean y
ng OF the official act done by him, and !.
D seemed 10 Mr.. Hoar that 1t was en-
rely proper for the constitutional Off : !,
,er TO make that declaration, although e
no part OF the proceedings, =
because otherwise he might be /
to be undertaking to do what Z
~ 40 viewed the question, would have !,
)een Nh act OF usurpatiOn. =
The president OF the senate, said the :,
hair, begs leave to state, with the in !,
iulgeuce ofthe senate, that the senate, =
n the opinion OF the chair, is =
a nowise responsible for the declara- ',
ION OF the president of the !,
enate, made on the occasion referred y
o. Neither the senate OF the United :;
lad conferred any authority upon the :,
resident of the senate to
mako anything. There is no =
aw within the knowledge OF u
ne present senate, that provides for =
he proceedings of to-day, except the \
The president OF the sem ~ ~
to was of the opinion, aud still is, that \
nd III q concurrent resolu- n
lon, providing for this &C. :,
asion, had contained any direction =
the president of the senate that was !,
with his views of a consti- -
utioual duty, hs would have been y.
ound 10 disregare it; or preferably, ~ y.
) he certainly would do, =
'ould have resigned his -,
idce aud allowed ,he senate freely TO y,
iect some gentleman whose opinion CO. al
icided with that of the majority,
) that no gentleman needed
, leel oound as by precedent by any
linp That the vice-president said. He CO
las doing constitutional duty in
pening and reading the certificates A.
I'D making manifest what they
1 lis own Responsibility, n
nd on that of nobody else, the negation ki
/ Implying what might have arisen az
ON ~ tfsrent statements OF the result ~
that sail"
Mr.Ingalls offered the following reso- tt
ition;
"Resolved, That the senate does not vi
sent 70 the concluding declaration OF J,
10 president OF the senate, in the an III
OF the vote for president co
Id Woe president of the United States d,
ade in the presence of the TWO houses he
congress this day" fe
Mr.. BAYARD: "Let that go over till pc
,Diprruw.n tic
The ,asolu,:on went over accordingly. Cc
Mr.. HOAR offered the following: pa
WHEREAs, The senate, having met &C
10 house of representatives, In accord ha
ics with the fifth section OF the to
" 81. March, 1902, relative to the cleo be
on Of the president and independent by
Z the United States, and the cleo
raj votes having been opened da
4 the president OF the lily