Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-07-17

THAT theiStates of Virginia, ETC., shall
no. be entitled 10 representation in the
Electoral College for the choice OF Presi-
dent or Vice President Of the United
States, and no electoral votes shall be
received or counted from any such
States, unless at the time prescribed by
law for the choice of electors, the people
OF such States, pursuant to the acts Of
Congress in that behalf, shall have,
since the 4th day Of March, 1867,
adopted a constitution Of State govern
ment," etc.
| ask the honorable Senator where
does he derive the power to assume the
position that Congress shall or shall not
receive electoral votes2 / put that
question pointedly and with emphasis to
the honorable Senator or any of his CO.
adjutors.
Mr.. Howard-What is the question: ?
Mr.. Davis-Where do gentlemen de-
rive the power that authorizes Congress
to pass a law saying that an electoral
vote for President shall be received or
shall not be received?
Mr. HowGrd-As the honorable Sem
ator from Vermont, to whom the inter-
rogatorywas more particularly addressed,
has been obliged to leave the Chamber
for moment, and as the Senator has in
cluded others who hold with him in his
interrogatory, he will pardon me for
making a very brief answer
Mr.. Davis-I do not ask the honorable
Senator for an argument just ask
him to refer me 10 the power
Mr. Houa -d-Xao, I mill in, N, al n taIx5
without crcumlocution; the power to
suppress rebellion and subdue insurrec-
ton.
Mr.. Davis-That is the most universal
and illimitable power that was ever con
tended for on this earth, but instead of
meaning everything and anything. it
comprehends but single, simple point;
and that is to suppress ipsurrection, and
when that is done the power is as dead
as door nail. 1t exists no longer.
Mr.. Drake-If the honorable Senator
will consider me included among those
to whom he appeals for designation of
the power, would give it little differ.
ent direction from that of the honorable
Senator from Michigan. The Constitu-
ton says:
" Each State shall appoint, in such
manner as the legislature thereof may di-
rect, number of electors equal to the
whole number of Senators and Represen-
tatives to which the State may be enti.
tied in the Congress"
/ presume that in that clause of the
Constitution is the power of Congress to
determine what States are entitled to
representation in Congress.
Mr.. Davis-I am much obliged to the
honorable Senator for his remark and l
will answer him by this conclusive quo.
tation from the Constitution, which says
positively, explicitly and uncondition.
ally, that every State shall be entitled to
two Senators in Congress, aud to Repre-
sentatives in proportion to her popula-
tion under the ratio, and that every State
shall be entitled to as many electoral
votes as she is entitled to Senators and
Representatives in Congress. There is
the whole of it. Every State is entitled
to two Senators. My State is entitled to
nine Representatives in Congress. Con-
my State is entitled to eleven
electoral votes. That is the plain Ian.
guage of the Constitution that is its per-
manent and immutable meaning uatl it
is altered in the mode prescribed for the
amendment of the instrument itself; and
this Congress has no power to impinge
the right of my State, or any other State,
to her representation in the Senate, in |
the House of Representatives, or in the |
Electoral College.
But this resolution goes on to declare |
And no electoral vote shall be re.
ceived or counted from any such States"
That is the provision of the proposed
law of Congress; that is its mandate and
| say for that command and that pro-
vision there is not a shred of authority
anywhere. 1t is simple, unconditional
lsurpation of power, for which Congress
mas not color of authority. The Con-
ititution declares that the electors, after
hey have voted:
"Shall make distinct lists of all per-
sons voted for as President, and of all
persons voted for as Vice President, and
IF the number of votes for each, which
lists they shall sign and certify, and
transmit sealed to the seat of Government
If the United States, directed to the
President of the Senate. The President
IF the Senate shall, in presence of the
Senate and House of Representatives,
,pen all the certificates, and the votes
hall then be counted. "
But l will proceed. l was denying the
position assumed by the honorable Sem
ltor from Vermont in his resolution, that
Congress had the right to say whether
Residential electoral vote shall be re-
,eived or counted from any State. /
ay there is no power in Congress to deny
he receipt of an electoral vote, or to re-
,eive it at ALL With the matter of &C
,epting vote Congress has nothing to
10. The two Houses are authorized to
count the votes. 1t is not Congress; it
s not the two branches acting legisla-
lively; it is the two Houses of Congress
Icting in convention, and acting min
They are then performing no
legislative duty they are performing no
Iuty whatever, except a mere simple
Ministerial duty which they could be
by a court of competent
Jurisdiction by mdndamus to execute;
md if they refused to execute it, their
lon-execution would not effect the ques-
ion of the election Of President az ALL
I would be as good without the count, if ,
congress was to refuse to count, as with :
he count Now, sir, after the next !
election there will be but !
hat single, plain, simple duty to be per- !
ormed By the two Houses They do not J
eceive the votes; they cannot accept I
he votes; they cannot reject the votes |
hat matter is provided for specifically !,
" the Constitution itself After the !
oies shall have besn cast aud sealed up, 4
he requisition Of the Constitution is that +
hey shall be transmitted to the President 1
{ the Senate, and they shall be kept BY a
i'm until a certain day, and on that GER \