Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-07-22
Dwot,lla &rel,s.
RIG II M Q N d:
FRIDAY, JULY %, 1903.

Importance and obscurity, but upon exami-
lnation, we think that they are capable OF
solution; and we are sorry to say, that as
much apprehension arises from their sou-
ton, as from their most impenetrable obscu-
rity.
Oh. "Must the returns of the electors be
admitted ihso .facto as conclusive, or rather
may not some of the votes returned, be pos
sbly bad p
9. "May not these votes be vitiated by
the palpable bribery OF the electors, By
their having been given in manner contra
ry to the constitution, or to man destitute
of the qualifications required by the consti-
tuition ?''
8. elf vo.es may be vitiated, who is to
determine 20
AS to the first question, it is highly posi-
BILE that sumo of the votes may be bad; but
liz is certainly true, that when they arc re-
ccived at the senate table and unscaled by
the president OF the senate, in the presence
Of the house Of representatives, they are
ihso Gacto good and Conclusive, unless it is
fully ascertained who gave the vote, and
unless il fully appears that he fails under
some of the specified disqual fcations of the
federal constitution. If any of the votes
thus opened, were corrupted by bribery, OF
given contrary TO the constitution Of the
state from whence they came, tits subject
beyond the reach Of federal decision, be-
cause the constitution OF the United States
gives away al its power upon this subject,
when il declares that s" each state shall ap-
point their electors in such manner as the
legislature thereof may direct" II the G.
lectors SHALL act contrary to the constitution
Of their state, they are not amcnable to a
ny federal department.
The second question is in some measure.
answered by the last observation. The
votes cannot be given in manner confra-
~ to the constitution, because that instru-
ment has already given away all its power
upon the subject, and therefore has pre-
scribed no manner in which the pofeS shall
be given--each state having the power to
vote in any manner it pleases. The latter
part of this question speaks of the guaijf-
cations required by The constitution, or RAJ
ther the specified disqual;ications, which
are, "that no senator or representative, or
any person holding an Office Of trust or pro.
fit underth the United States, shall be appoint
cd an eector' Suppose then when the. votes
are unsealed, it shall appear that one Of the
electors is subject to one of these dsquali
ications? This Introduces the third ques-
ton, W 10 IS TO DETERMINE? You seem
inclined to think that the power belongs to
congress. They may decide whether he is
member OF their body, and if he is, the
fact Of disqualification is fixed, and the U
nitcd States becomes a party To see that its
constitution is not violated. The question,
then, whether the vote is good or bad, falls
into the judicial department, according to
the Sd article. sec. 1, which states that the
"Judicial power shall extend to all cases in
law or equity, arising under the constitute
on, and to all controversies to which the u
nited States shall be party" Thus it ap.
tpears TO Us, that no vote contrary to star
laws can become either the subject of con
gressonal or judicial investigation, and ha,
all votes which come under the disqualif.
cations, marked ont by the constitution, lie
within the circle of judicial enquiry. The
CONSTITUTION has endeavored to prevent any
undue inducement to the voter but if il
should so happen that INC voter yields tc
British bribery, or any other sp' cies Of cor.
rup.ion, it is case without remedy, ant
is one of those unavoidable hazards which
accompany free representation.
In this enquiry, the Constitution presents
a most evident fraiity; itgoes on to declare
that the electors shall meet in their respect
i've states and make list of all the person.
voted for, and the number ofvotes for each
which list they shall sign and certify, anc
transmit sealed to the seat Of government o