Senate and House Wrangle Over Edmunds's Declaration of Cleveland's Election
A blow-by-blow account of the procedural fight in Congress after Vice-President Edmunds personally declared Grover Cleveland elected while counting the electoral vote, a dispute over presidential authority long since forgotten.
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Burlington Weekly Free Press · February 20, 1885 · Page 4
4 min readWASHINGTON
But as it was, a lively row was made in each House, as soon as the Houses separated. In the Senate, Mr. Sherman voiced probably the prevailing opinion on the Republican side, when he said that he objected to having the sentence quoted taken as a precedent, and added: "I believe that the Vice-President of the United States declared and exercised a Constitutional power when he presided over the body to-day and counted the votes, and that his announcement of the vote is the conclusive end of all argument upon the question, and that in doing so he not only gave his own opinion, as a result of certain papers given to him, but he made the only constitutional declaration, provided for under existing law, of who is to be President of the United States after the 4th of March."
After remarks from Senators Hoar, Conger and Ingalls, of the same purport, Mr. Edmunds said, from the chair, that he regarded the Senate as in no way responsible for the declaration made by him. He had performed his constitutional duty and on his own responsibility made the declaration referred to. Had he seen fit to declare Blaine elected that would not have made it so. Neither would a declaration by him that Mr. Cleveland was elected make it so.
If it could be shown that he had in any way exceeded his powers, or failed to perform his duties, he would at once resign his office. Senator Jonas of Louisiana, and other Democratic Senators held that Mr. Edmunds's statement was simply explanatory and not objectionable.
Mr. Ingalls offered a resolution "that the Senate does not assent to the concluding declaration of the President of the Senate, in the announcement of the vote," but on motion of Mr. Bayard, it was laid over for a day. A resolution by Senator Hoar "that the Senate is of the opinion that the constitution and laws have been duly executed and that no further declaration of these facts is necessary," also was laid over. In the House Mr. Springer objected to the disclaimer of any official declaration of the result, on the part of the presiding officer of the joint convention, and asked that the matter be referred to the judiciary committee.
The Speaker (Mr. Blackburn) said that in the judgment of the Chair, the declaration made by the presiding officer was exactly what it should have been: and that as an officer representing the House in the joint convention, he would have made protest if any improper declaration by the presiding officer had been delivered. Mr. Randall of Pennsylvania said that the vote of the electors had been announced, and that any ministerial proceeding was not essential to the main fact that Grover Cleveland had been elected. Mr. Cox of New York, stating that the Constitution declared who had been elected President and Vice-President, moved to lay the resolution on the table, which was agreed to.
It is plain, however, that whatever the Republican Senators may think of the exigencies of the case, Mr. Edmunds himself regards the matter as one of grave constitutional importance, deserving careful and deliberate consideration rather than partisan objection.
The unusual addition made by Mr. Edmunds as President of the Senate, to the announcement of the electoral vote, created no little stir in Congress, and revives in the country the question of the authority of the President of the Senate, which was so prominent and important eight years ago. The only provision in the constitution bearing on the question is the following: "The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes for President shall be the President if such number be a majority of the whole number of electors appointed." The constitution does not say who shall declare the vote, or that there shall be any declaration of the vote. In 1877 Mr. Ferry formally declared Hayes and Wheeler elected. This was declared an usurpation of authority by the Democrats. Since then Mr. Edmunds has been trying in vain to secure legislation to prevent disputed elections, and time has confirmed him in his opinion that the presiding officer of the joint session, can simply state the result of the count, and has no authority to declare any body elected. He accordingly after having stated that Cleveland and Hendricks appeared from the count, to have been elected, added: "And the President of the Senate makes this declaration only as a statement in the presence of the two Houses of Congress of the contents of the papers opened and read on this occasion, and not as possessing any authority in law to declare any legal conclusion whatever." Had he omitted this last clause affirming that he had no authority to declare any legal conclusion, probably no objection would have been made.
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