Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1808-11-21

LcHlAe!l
From the PHILADELPHIA Ffeenlan's Journal
MASSACHUSETTS ELEcToRs 1t is sup
posed that question will arise in Congress,
when assembled in Joint convention to re-
ceive and count the votes for President and
Vice President, whether the electoral votes
of Massachusetts, shall be received The
Constitution of the United States has de-
creed, that each house shall be the nudge Of
the elections, returns and qualifications OF
its own members, but has created no tri-
bunal TO Judge in the case Of the election OF
President and Vice President nor has any
such tribunal been created by law. Indeed,
il would be extremely questionable whether
such a law would be constitutional. There
is, however, law of the United States up.
on the subject Of the election of President
and Vice President, which, after recogni-
ling the constitutional right of the State
Legislatures TO direct the appointment OF
Electors, declares that the votes of the E
lectors thus appointed, shall be receiged and
counted by the two Houses Of Congress. But
there is another provision IN the law, which
ii is supposed will affect the present case.
Although it is peremPtorily enacted, that
the Electors shall meet, give their autira-
ges, and transmit them 10 the seat Of the
general government, without the inteven-
ton Of any other power or person whatev
er vet it is made the duty of the Execu
tive Of each state, to furnish the Electors
with q certificate containing the evidence
Of their appointment. But no penalty is
consequent upon the neglect or refusal &
a. s1,-
it is not declared that the votes shall be re
iected, If they come unaccompanlcd by The
certificate. Certainly, Congress possess no
constitutional power TO punish a branch OF
the state government for refusing TO obey
It's mandates, ard of course 1T would be sb
surd in the extreme, to say that the vote Of
a state must be lost, because the Governor
may not choose to perform an act which
Congress had no power 10 command him To
perform Congress have power To pass All
laws necessary and proper to carry into CT
feet the powers vested iii the general gov
eminent, but with the election Of Presi-
dent and Vice President, they have nothing
to do as the Congress of the Uated States, but
to collect and count the votes, and declare
the persons elected Upon fair cOnstruc-
ton Of the Constitution, Congress can only
require evidence Of the authority under
which the Electors act from the Electors
themselves, or from the State Legislatures,
which are empowered to direct the mode
of their appointment 1t is evident, how
ever, that cases may occur, in which Con-
cress must, from the necessity Of the thing,
exercise a species of Judicial authority IN
reference 20 this election. Two distinct G.
lectorsl bodies might meet in the same
State, each claiming to be the constitution
II one, and Of course demanding that It's
own votes should be received, to the exclu-
sion Of the other. IN this case, Congress
must determine which was the genuine G.
lectoral board, and of course must act, qHs
al hoe, az a judge Of The election. Hence
it will be commended, with pausbility Ak
least, that Congress may, in all cases, IN.
dertake 10 determine whether tie persons
claiming 10 be considered as Electors, were
constitutionaliy and legally appointed.
Il is expected that the Governor Of Mas
sachusetts will withhold the certificate o
which we have been speaking under the
| idea that the Electors of that state are no,
appointed sgreeably to the Constitution o.
| the United States it being understood thai
NN w w y "a eiiiLl4NS "a NtlG 0LAtG l4cellS a
tn7e intend 20 choose the Electors without
| requesting the cooperation Of the EXccu
tive. The Constitution ofthe United STATE!
Provids that each state shall appoint, 4 Ger
tain number Of Electors III such manner a.
| the legislature thereoG shall direct; ana that
| two Senators shall be- chosen in each state
by tie legislature ir~r1f III has never beer
supposed that the Executive of state
was entitled to amy agency, direct or indi
irect, inthe election of Senators oi the Uut
ted States and 1T ID Obvious, from the a
doptiun Of the same mode Of expression II
the two cases, that the State Authaiit,
which should elect the Senators, and direc
the mode OF appointing Electors, was con
templatyd, By the trainers Of The fedora
constitution, to be one aal tie same Til,
Constitutions the United States, in declar
ling that Gan legislative powers tlerei
granted shall be vested IN tive Senate an
( House OF Representatives, las clearly ii
dIcatcd that, il The contemplation 6F +.