Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1889-02-28


no one contends that it is true,l why so
in the latter? When tie appears, the con-
stitution requires US to take an active part,
in fact to decide the case. Does LOT the
same rule apply TO contests? Such IS my
reading and understanding of the constltu-
ton. In order TO decide justly aud inteill-
gently, we must have the authority TO take
charge of the whole matter; TO canvass the
returns and ascertain the correct result be-
fore we declare IT, Nor Is this altogether a
new question. Every one remembers the
election muddle OF 1876 AT that time the
President of the United States Senate, act
ing under provision similar to that under
winch our speaker is empowered TO open
returns. etc, refused to publish and declare
the returns for President, and, after much
discussion, they were finally referred to
commission elected by Congress. But IN
this State the Constitution especially desig-
mates this Joint Assembly Is the court to
hear. investigate and decide upon the merits
OF Il contested election for Governor. In case
of other State officers, the procedure Is dll'
ferent. as we have before seem
Do our friends on the other side protest
against the action of the Republican Senate
of the United States in 1876? Do their
hearts pant to stigmatize and malign the
then Vice President and the Senators for
disobeving, overriding and annuling the
Fedora Constitution? As to the opening OF
the returns and declaring of the election to
Office of one of the candidates. there Is
marked similarly between the two COnstitu-
lions. | do not claim that they are IN all
RESPECTS identical. But the difference ex
i.tinr in verbiage and details does not de
,troy the sameness of principle, nor yet the
general mode Of procedure, common 10
both.
Our investigation here has shown no 9th
er similar case in the history OF our coun'
try. In 1876, many Of the most prominent
leaders of the Republican party claimed
that the only way to save the country from
civil var. Gas TO refer the election returns
for President to a commission without any
declaration of the result as shown by the
face of the returns But now, their party
friends on dis floor assure us-tairly howl
ing i'm giving the asslrance-that II we fail
to allow our Speaker to declare the result
upon the face of the returns, instead OF re-
lerring the returns, qu0qd the contest, to the
Joint committee provided for by law for IN
vestiaation and report, why, then, on hor'
ror Of horrors the people o! this State
must wade deep in gore and finally submit
10 the rule of a usurper All this is the
reviva OF the spirit of Catalina
But. 10 return TO the resolution, so fully
embodying the quibblingS and uniounded
assumptions of the other side. Why do the
authors of that delectable paper select, IN
their comments, the first and omit the other
clauses Of the constitutional provision.
Had there been a tie vote, this protest could
still be used Is it is. In their preamble
/ why not saw. "Whereas. there is a contested
election for Governor, and, whereas, provis-
ion is made in section 3 of article VII for
deciding such contests in the manner pre-
scribed by law, and the Democrats, deem
/ inc the contest to have begun. are proceed
/ inc 10 ascertain the true returns before dc
clarinr the result, &c But they omit tc
saw ANYTHING about the contest. Why,
ask. thus seek to throttle the fact, that there
was. az the time of the tender made OF their
protest pending a contest between two citl-
lens for the highest Office in the State
when they cite only the first clause of the
section and suppress the clause providing
| for the determination Of contested elections,
| I'm a paper intended for the eyes of the peO-
ple and q record for the future, is 1t strange
/ The majority should reject the protes ? Is il
strange that they should refuse to be brand
/ ed as constitutional violators9
The protest appears 10 be entirely based
upon an Interpretation OF the ilrst clause
with q total disregard Of the other clause,
specially authorizing the Joint Assembly to
/ take charge of the contest. II the Leaders
ON that side were not prompted by am IN
,euton 20 deceive the people as to The true
question al issue, and arouse them against
u- bv an underhaud scheme 10 smother the
facts ia controversy, then, what under the
sun has in,.igated them to set out one clause
and protest against our working under ano
Their of the same section? Why, they even
prOte-t against our deciding not TO declare
| the election of q Governor
The learned Senator from Harrison VIII
remember that he, in his own resolution re
aing 10 the returns, never suggested The
declaration of the same.
We have listened TO more than one thrill
ing appeal from the eloquent lips OF my dis
iuguished friend. the delegate from the
same county of Harrison, implorlng us to
accept aud stand by his construction OF our
fundamental law.
10 this must be added the disqualified
,perche, of the venerable Senator already
referred TO, lMr. MAXWELL, seeking to fur
ther instruct us u, TO our constitutional duty
In the premises.
But. sir, cannot forget that, in the pro-
,racted debate on this resolution, certainly
ou this general subject, some of the dlspu
.luuts ON the other side of the hall saw it,
and / regret it WAS SOTO indulge in some
of the most unfair, unmanly and inoXcusa-
b'y ilItempered censure, ever before IN a
legislative body cast by reasonable men
upon their associates
To Is claimed by the minority that they
cannot show their protest. except by the
entry OF this resolution upon the journal.
Why, sir. they have at all times and on all
occasions shown their protest, and that, too
bv q uuanimity of votes cqualled only by
the unsurpassed discipline. and organization
Of their party. Again and again have they
voted against our every measure to secure "a
fair and judicial declaration of the guber
uatorial vote: against every proceeding in
augurated by this side TO give vital force to
our State Constitution and laws providing
Cor and prescribing the mode for settling all
such contests as the one now unfortunately
confronting the people of our State. Thus
have they made their record, protesting
record throughout and the journal evil
dences the fact What more do they want?
The journal bri,tles all over with their pro-
tests the people know all about them, and
t-rt fIa-r r,rrfl-ffuf- carflaronr, ara rrot sat.