Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-02-12
or criminal in body of men meeting TO-
gether to consider

or criminal in body of men meeting TO-
gether to consider
A GRAVE CONSTITUTIONAL QUESTION
of this character? Who, but a Republi-
can, on this floor will dare say that the
Democratic members of this Legislature
have no right to meet together to consider
this or any other question that is to come
before them? What business is it of yours
on that side? What have you to do with
il? What business is it of yours? We are
not under obligations to ask you whether
we shall meet In caucus or not. We
do not have to ask upon what questions
we shall consider when we meet together.
Lst me say 10 you gentlemen, we are in no
way responsible to you for our actions here
OF elsewhere, regarding this or any other
matter. We are acting on this matter
UNDER OUR oATHs.
and acknowledge our responsibility only to
West Virginia. Sir, say the member who
deals in such language as NE have heard
from the Senators from Ritchie. Jackson,
Ohio and Others upon that side, forgets
himself, the position he occupies, the
time, the place, and the business we are
abont, and misrepresents the people who
sent MIN here. regret, sir, that any
representative of any portion of the
people OF this State should
have SO little regard for his position and
the people of the State as to use in this as
sembly language that
WOULD BE UNBECoAfING
in even a crossroads political convention.
If the gentlemen Thick they have done
themselves or their party or State, credit,
by the use of such intemperate and harsh
and unbecoming language, they are, to
my judgment, mistaken. It is not argu-
ment. 1t il not Constitutional interpre,a-
ton. 1t is simply intemperate, ill-advised,
uDparliamentary bluff and bluster that
Will deter no man on this side from a
faithful discharge of his sworn duty as We
all understand it. Believing that we are
right, let me say to you, my Republican
friends, we have the manhood and the
courage to stand squsrely up TO the dis
charge of our duties. You cannot fTighten
as by your bluff and bluster.
WITH THESE OBSERVATIONS
I dismiss these gentlemen and this branch
Of the case, and will now proceed to discus
the great question before this joint assem-
bly,, and endeavor TO state our construction
and Interpretation OF the Constitutional
provision in a calm, considerate and tenn
perste manner, as the occasion demsnds 1t
should be, SO that the people of the State,
whose servants we are, can rightly Judge
between us. If the position the gentlemen
on that side bave taken be true, then
this great Republican party yielded in 1876
a most vital and important Constitutional
principle. II wss then contended by them
that in tina cAnvsssing of the returns for
President the two HOUSES were
BUT IDLE SPECTATORS
of the action of the President of the SEN
ate. That in the plain language of the
Constitution of the United States, The
President of the Senate ehall, in the pres
ence of the Senate and House OF Repre5en-
tatives, open all the certificates, and the
vote shall then be counted. The person
having the greatest number of votes shall
be the President etc They said this is
too plain for argument. The two Houses
should sit silently by while the President
of the Senate opened and counted the vote.
But plain as the provision seemed TO be, 1t
created great difficulty. 1t was well
known that o majority of nearly a halt
million of the voters believed thst Samuel
J. Tllden bsd been honestly elected President
Of The United States, ana tnat few return
ing boards had by
UNFAIR AND FRAUDULENT MEANS
sent in false returns. A thrill OF excite
mept swept over the whole country. No
provisions had been made for a contest for
the Office of President of the United States,
and no one ever for q moment imagined
that the Commander in Chief of the Army
and Navy of the United States should take
his seat ond the face of the returns, and q
contest thereafter be had for the Office
which he might temporarily hold.
No. it was lot contemplated that the
Chief Executive of the United States
should ever take his seat without
CLEAR AND NDUBITABLE
title to that exalted Office. The case had
never occurred before where there was any |
5jepnte as to who was elected Presl- |
dent In two instances there was no
election by the electors, and the House OF
REPRESENTATIVES elected the President |
But in both of these Instances it was clear
that neither of the candidates had major
iiy OF the votes. But in 1876 both Tilden |
aud Hayes claimed to have majority OF
the electoral votes, and while fer time
the Republican members there, as the
Republican members here, insisted that |
the plain provision of the Consti-
tuition required the President OF
the Senate in the presence
of the two houses to open the certificates,
count the votes and declare the result, yet
the distinguished Senator from New York
CCOnkling), in a speech of convincing
power
EXPLODED THAT THEORY
as applied TO a case, where the returns
were seriously attacked, and rs we all
know, that while Congress had provided
no tribunal to decide contest for the oil
fee of President Of the United Statee, be-
fore the returns were examined at all Con-
gross erected such tribunal known as
the Electoral Commission, " 20 whom
every one of the contested certificates were
referred, and no one pie,endedithere should
bs any declaration OF the election, until
that august tribunal had made its de-
cisiou.
Here Mr.. Sprigg read copious extracts
from the speech of Senator COnkling in the
Senate.
Here is contest for the office of the
Chief Executive of State, as there was
there for the Office of Chief Executive OF
the Union. The returns from many OF TIE
counties are attacked, because, as 1t is al
leged. thew are false and untrue. Now,
what must we do? First publish, and
declare that one Of the contestants is elect
ed, and seat him in the office, and then 80
on with the contest and it may be unseat
him? Or shall we as in the contest for