Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1868-07-30
Iet0 OF the Electoral College
BfTf on the President.

/
not have been reorganized," as care
ful an examination as have been abl
to bcstow upon the subject during th,
few days that have interviewed sine,
the measure was submitted for my
action. This joint resolution is based
upon the assumption that some o
the States whose people were lately
in rebellion are not now entitled tC
representation in Congress and parti
clpnti0n in tho election Of pfosidcnl
and Vice Presideng of the United
States. Having heretofore had oeea.
sion to give in detail my reasons for
dissenting from this view, it is not
necessary at this time to repeat them.
1t is sufficient TO state that continue
strong in my conviction that the acts
of secession by which a number of the
States sought to dissolve their connec-
ton, and in direct violation thereof,
were from the beginning absolutely
null and void. Itfollows, necessarily,
that when the rebellion terminated,
the several States which had attempt
ed to secede continued TO be States in
the Union, and all that was required
TO enable them to resume their rela-
ton to the Union was that they should
adopt measures necessary to their
practical restoration as States. Such
measures were adopted, and the legit-
innate result was that these States
having CONFIRMED to all the require
ments of the Constitution, resumed
their former relations, and became en-
titled to the exercise of all the rights
guaranteed to them by its provisions.
The joint resolution under considera.
ton. however, seems 20 assume that.
by the insurrcctionary acts OF their
respective inhabitants, these States
forfeited their rights Ss such, and can
never again exercise them, except up.
on readmission into the Union, on the
terms presented by Congress If this
position be correct, IL follows. that
they are taken out of the Union by
virtue Of their acts of secession, and
hence that the war waged upon them
was illegal and unconstitutional. We
would thus be placed in the inconsis-
tent attitude that while the war was
commenced and carried on on the dis
tinct ground that the Southern States,
being component parts of thu Union,
were in rebellion against the lawful
authority Of the United States, upon
its termination we resort to a policy
Of roconstruotion which aosumos tha,
it was in fact a rebellion, but that the
war was wagcd tor the conquest of
territories assumed TO be out of the
constitutional Union. The mode and
manner of receiving and counting the
electoral votes for President and Vice
President of the United States are in
plain and simple terms prescribed by
the Constitution, that the Presidept
of the Senate shall, in the presence of
the Senate and House of Representa-.
tives, open all the certificates, and the
votes shall then be counted. Con-
gress has therefore no power under
the Constitution TO revise the electo-
raj votes, or to reject them The
whole power is exhausted when, in
the presence OF the two Houses, the
votes are counted and the result dc.
clared. For in this respect the pow
ers and duties of the President Of the
Senate, are, under the Constitution,
partly ministerial, When, therefore,
the joint resolution declares that no
electoral votes shall be received or
counted from States that since March
4, 1867, have not adopted a Constitu.
ton under which a State Government
shall have been organized, "a power is
assumed which is nowhere delegated
to Congress, unless upon the assump-
ton that the State Governments or
ganized prior to March 4, 1867, were
Illegal and void The joint resolution,
by implication, at least, comedies that
these States were States 10y virtue OF
their organization prior TO March 4, |
1867, but denies to them the right TO |
vote, on the election of President and |
Vice President of the United States |
1t follows that either this assumption
of power is wholly unauthorized by |
the Constitution, or that the States so
excluded from voting were out of the
Union by reason of the rebellion, aud
have never been legitimntely restored.
Being fully satisfied that they were
never ont of the Union, and that their
relations thereto have been legally
restored, | am forced to the conclu.
sion that the joint resolution which
deprives them of the right TO have
their votes for President and Vice
President received and counted, is in
conflict with the Constitution, and
that Congress have no more power TO
reject their votes than those OF the
States which has been uniformly 10y
nj TO the Federal Union 1t is wor.
thy of remark that ifthe States whose
were recently in rebellion
were legally and constitutionally or
ganized and restored to the rights
prior to March 4, 1867, as am salts.
led they were, the only legitimate au-
ihority under the election for Presi.
lent and Vice President held therein
must be derived from the governments
instituted before that period and il
,learly follows that all State govern.
nents organized in those States under
lets of Congress for that purpose,
md under military control, are iligit-
mate and Of no validity whatever;
md in that view the votes cast IN !
hose States for President and Vice
President, in pursuance of acts passed S
ince March 4, 1867, and in obedience
o the so-called reconstruction acts of {
congress. cannot be legally received
md counted. while only votes IN those