The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1868-07-29
THE VETO.
ELECTORAL COLLEGE BILL RE
TURNED.
The Presidents Objections Thereto.

~ resolution 10 Exclude From the ElcctO-
ral Count the Votes of the States lately in
Rebellion, which shall not ave been Rec
ognized by Congress" as careful an eXami
nation as have been able to bestow on the
same during the few days that have interve-
ned since the measure was submitted for myu
approval. Feeling constrained to withhold
my consent, herewith return the ReSolu-
ton of the Senate, in which it originated,
with brief statement of the reasons which
have induced my action.
THEORY on WHICH THE RESOLUTION Is BASED.
The joint resolution is based upon the as
sumption that some States, whose inhabit-
ants were lately in rebellion, are not now
entitled to representation in Congress, or to
participate in the election of President and
Vice President of the United States. have
heretofore had occasion to give in detail my
reasons for dissenting from this view. 1t Is
not necessary at this time, to repeat them.
It is sufficient to state that 1 continue strong
in my conviction that the acts of secession,
by which q number of the States sought to
dissolve their connection with the other
States, and to subvert the Union, being unau
thorized by the Constitution, and IN direct
violation thereof, were, from the beginning,
absolutely null and void. 1t follows neces-
sarily that when the rebellion terminated,
the separate States which had attempted TO
secede continued to be States in the Union,
and all that was required to enable them to
hat
they should adopt the measures necessary TO
their practical restoration as States Such
measures were adopted, and the legal result
was, those States, having conformed to all
the requirements of the Constitution, resum-
ed their former relations, and became enti-
tied to the exercise of all the rights guaran-
teed to them by its provisions.
RECOGNIZES THE LEGALITY OF SECESSION.
The joint resolution under consideration,
however, seems to assume that by the insur-
rectionary acts of their respective inhabit
ants those States forfeited their rights as
such, and can never exercise them, except
upon readmission into the Union ON the
terms prescribed by Congress.
CONSEQUENCES AND INCONSISTENCIES OF THE
POSITION.
If this position be correct, it follows that
they were taken out of the Union by virtue
of their acts of secession and hence that
the war waged on them was illegal and un-
constitutional. We would thus be placed in
this inconsistent attitude-that while the
war was commenced and carried on upon
the distinct ground that the Southern States,
being component parts of this Union, were
in rebellion against the lawful authority of
the United States, upon its termination we
resort to policy of reconstruction which as
sumes that it was not in fact rebellion, but
that the war was waged for the conquest of
the territories assumed to be outside of the
constitutional Union.
CONSTITUTIONAL PROVISIONS To THE ELEoToR-
Al. COLLEGE,
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 instrument imperatively
requires that the President of the Senate
shall, in the presence of the Senate and
House of Representatives, open all the GER
tiicates, and the votes shall then be counted
CONGRESS NO POWER To RECEIVE OR REJECT
VOTES.
Congress has therefore no power to receive
electoral votes or reject them, under the Con-
stitution. The whole power is exhausted
when in the presence of the two Houses,
the votes are counted and the result declar-
ed. In this respect the power and duty of
the President of the Senate, under the Con-
stitution are purely ministerial. When,
therefore, the Joint resolution declared that
no electoral votes should be received or
counted from the States that since the 4th
Iof March, 1867, have not adopted Const-
button of State Governments, under which a
State Government shall have been organized, ,
power is assumed which is nowhere delega-
bed to Congress, unless under the assumption
THAT the State Governments organized prior
30 the 4th of March, 1867, were illegal and
void. The joint resolution, by implication
,sRt least, concedes that these States were
States by virtue of their organization prior
10 the 4th of March, 1867, but denies to
them the right to vote in the election of
president and Vice President of the United
States.
5TATEs ARE EITHER IN OR OUT OF THE UNION.
1t follows either that this assumption of
)ower is wholly authorized by the Constitu-
sion, or that the States excluded from voting
Vere out of the Uuion by reason of the re-
icllion, and never have been legally restor-
d. Being fully satisfied that they were
lever out of the Union, and their relations
hereto have been Constitutionally and legal
restored, am forced to the conclusion
rat the joint resolution which deprives them
the right to have their votes for Presi-
ent and Vice President received and coun-
d, is in conflict with the Constitution, and
lat Congress has no more power to reject
seir votes than those of the States which
I'VE been uniformly loyal to the Federal
nion, and must all vote alike under the
Onstitution.
II - worthy OF EsLotTk lllAL II inc states
hose inhabitants were recently in rebellion
IRE legally and Constitutionally organized
d restored to their right prior to the 4th OF
arch, 1867, as 1 am satisfied they were, the
ly legitimate authority under which the
- ,ction for President and Vice President
a be held therein, must be derived from
Governments instituted before that perl
1t clearly follows that all the State
Vernments organized in these States, and
s of Congress for that purpose, and under
itary control, arc illegitimate, and of no
idity whatever, and in that view the votes
/ in those States for President and Vice
,sident in pursuance of the acts passed
&c the 4th of March, 1867, and in obedi-
o to the so-callcd reconstruction acts OF
'-agress, cannot be legally received and
tnted, while the only votes in those States
can be legally cast and counted, viii be
be cast in pursuance of laws in force in
a.. s TN-.,