Year: 1877

| Act.


Mr.. Wrghts bill establishing a court to
count the electoral vote was discussed and


referred to select committee on counting


electoral vote.


! During the debate, Mr.. Kennan said he
| could not agree with some of the views eN-
pressed by the Senator from Iowa Mr.


Wright, and desired to express his dissent


How the Senator from Iowa had argued


that it was the right and duty of the pre-


siding officer OF the Senate 60 count the


vote; that the duty was mhosed npon him,
| he. Mr. kernean, could not agree to that
| construction of the Constitution. He didn't


think it was the intention of the trainers
| OF the Constitution TO impose any


such duty on that officer. The two
| houses of Congress had the right


and has imposed upon them by the Com
stttutiOn the duty of counting the vote
Mr. kennan quoted from the Constitution


and said the duty devolved npon the two
| houses of Congress representing the State


and the people, TO see that no improper or


fraudulent vote was counted He did not


desire to argue this question at length to-
day, but submitted that the two houses of
Congress were not to sit dumb like
statutes and see wrong perpetra-
ted in the practice of counting
The votes had not been in accordance with
any such construction of the Constitution.
On every occasion each House appointed
tplerS TO count votes, and as he read the
proceeding on every occasion when any
question had arisen in regard to counting
a certificate the two houses separated to


decide the matter. IL Lad never been held
that the President of the Senate had the
constitutional duty and right TO count the


vote. He then quoted from numerous pre-


cedPntS and referred to the case of Missouri


in 1921, in regard TO which he said when it


was known that there might be a question


raised as to the vote in that State, a com


=


resolution that if any objection should be
made as to the vote of that State and count
ing. or emitting to count the same, would
not change the res at of the election. Such
result should be stated both ways with or
without the remission. He argued that it
would not De wise now for Congress To
attempt to give new construction to the
constitution which would greatly add to
what all deprf cate. the heat and excitement
of the hour. Every Senator and every Rep
resentative in Congress should enter upon
the discharge of this duty of cour ting the
vote without prejudice, and without hos
tility; at this time every man should re-
member that the most important question
before Congress arising above all party
questions Is the counting of the Electoral
vote; If case came up where there was
fraud, and where it was shown beyond 4
doubt that a certificate was falsehOod and
the safety of the Government, and he
peace of the people demanded that it should
not be counted. lie united with all
men in the hope and belief that all these
questions would be settled according to the
Constitution and laws. and that the real
ruth would prevail. Mr. Sherman, of Ohio |
asked if the result of either house objecting
to the counting of the vote Ola State would
exclude that vote? Mr.. kennan said |
he would like to hear that matter discussed. !
Mr. Sherman said he did not intend to eX-
press his opinion upon questions about to
arise, but would examine them diSpaSSiOn- |
ately: he said no doubt when the two |
Houses cOncurred that the vote OF State |
was fraudulent, it should not be counted, |
but If the two Houses disagreed aS to the |
count of a vote it would be revolutionary |
The objection of either House could eX-
clude that vote.


Mr.. Bogy, of Missouri said that was the |
22d joint rule.


MIR. Sherman said the result of such a rule |
was worse than that of any rule in Mexico |
he hoped that the two Houses of Cong resS, |
through their committees, would agree |
upon a plan by which the vote for |
President would be peacefully and careful |
ly counted; he regretted that the Demo- |
cratic party of his own State had appealed |
to popular prejudices, aud called meetings |
OF day sacred to the Democratic party |
for the purpose of having resolutions pass
ed in regard to the Presidential question at
time when both houses OF Congress were
cOnSldeTlHp tls puIeu SUBJECTS, lie was SIdu
to say that the great party which he be-
longs to, was quiet calm, and serene; no
public meeting, had been called ny the Re |
publican party to instruct its Senators |
and representatives. and he hoped there |
would not be. He expressed his proffered |
hope that Senators and Representatives and |
the people, would show by their modera-
ton. good sense and temper. between now |
and the time for counting the vote; that
they could be calm and not add to the eX- |
citement by their appeals TO passion; be |
moderate and make no threats or menaces. |


A special committee appointed by each
House on the subject of counting of the
electoral vote are no, As generally suppo-
sed Joint committee. but are distinct bod
les which have the same subject matter
and which may confer together, and if they
can agree upon a mode of proceeding TO re-
port that mode TO their respective houses
but if the two committees cannot agree uD-
on such mode, then each committee will
report its own mode to its house. There is,
besides, Select Committee of the House to
inquire and report upon the rights, duties
and privileges of the House IN connection
with the Presidential election.


Senator Ferry has been nominated by the
II