, 1873-01-18

mariner prescribed
OiBion Ia ffnnl. ::

yotas Mt this timo IT g hands Of tho Vico Prom
tho t3tnto ur Loutsta 8 .ald whichever Of thoao
aots Ao docidcs Ia th,sd opor Electoral vote, md
brings forward, opo1 nd cn,isos to DO counted,
,nuat bo 10 rocteiyod, y from lis action tlioro
oss 10 Il ppoG 1 s h ssssra sst3S5 e to ss eens ns
tho vote of Missouri. H. no exception to thia
Wow Of tho power Of tin President OF tho schnto,
for tho question III that caso was not as TO any
lrrogarity II regard TO- tho electoral ~, vote , o.
Btnto in tho Uifon md entitled to participate
In tho Presidential ooctions at MI, wlicl ib also
the question in tho elocton Of 1877, III regard to
Indenn, and IN 1s6o IN regard ia Georgia. Ih9
President of tho Senate 1nay indeed DO impoachod
for high crimoB and nliHdomoanors, should o
grossly yiolnto llia tlnty, aud thus frauouons!y
count or roject electoral Yotoa. llt that would
not nnond tho record, WHICH had boon mado
Giaato, who may Lave boom cheated out OF office,
nor protect the nation from disorder and civil
war.
II 1t should happonnron, tho recurrence Of any
ono Of tho casob considorcd that tho dociBion Of
tho President Of tho Bonate should determine
tho result and give tho Presidency to a candl-
dato who would othorwiso havo boon defeated,
or throw tho election Into tho Ifoneo Of Nepro-
Holltatvou, whore tlio candidate who llad boon
rojoctod by tho people should bo elected BY tho
yoto Of tho StntoH, all Gun understand tho I'M
minent poril In which tho Nation would bo
placed By the twen con joint rulo OF the
Judgment tho most dangerous contrivanco to
tho ponce Of the Nation ever invented by Con-
gross, 1t is provided, that Whonever an Electoral
voto is objected to, tho sonato ehall rotiro to ita
Chamber, and cacl 1lonGo Hhnll separately con-
sidor tho objection, and tho vote shall not
DO counted, unlosa tho two Houses concur to
that oiroot. II tho two Houses disagrce, the
voto Of tho State Is lost, This may result IN
otherwise hnvo beon dofeated, or In preventing
cithor Of tho candidates from having majority
Of oil tho votcB and thus throwing tho election
into tho HouBo Of Representatives. Each
in . summary mnnnor, without investigation
and without I'd Journnlout. Hero is powerful
temptation for tho Houso Of Representatives BY
non-concurronco to throw tho election into its
of tho candidate who might laayo boon oyor-
wlc1mingly beaton at tho polls.
Tho two Houses may bo under tho control Of
dfreront parties, AZ in 1857, led by politi-
for power, who aro thus enabled, by more nom
concurrence, to defeat III election By tho people,
and soizo the administration of tho Government
| into tho hnnds Of thoir party. Ho did not be-
Congress to n,nko tho right Of tho peoplc Of q
State to participate in Presidential election to
| depend upon tho contingency OF an agreement
| Of tho two Houses on the sottlomont Of al OBJ
| lection. Tho rulo is m invitation to partiaana
to mako captious and factlous objections. It
| makes tho concurrent action Of tho two Houncs
necessary whom it should not be, and, to aum up
its rorilous absurdity, ita monstrons ilogio, It's
dangerous 1luconatitut It places it In the
powor. Of tho dofoated party, which may haye
majority in either House, to dsfoat mn election
| by tho people, and to tako the chances
Of anarchy or OF . victory. by throwing
the election into tho House Of Representatives.
House is empowered to roiect tho vote Of astato
in tlc election of President, is created by ajoint
rulo Of tho two Housos Tho Constitution pro-
vidos that each House may determine tho rules
Of ita own proceedings, that is, the mode ol CON
which, by tho Constitution mud laWB,. 1t has
the right to do. But surely this clause does not
giyo tAc two Houses power by joint rule to ena-
Of tllia rule to hayo any validity must DO en-
mtted to the President for hin approval,
ssa 'v'9 most ~ fearful ' enaoineat t *0aa
tho etatute-book, comforting, as 1t does,
upon oithor HouHe tho power to block tho
wheels o: Government and plunge the nation
into anarchy. Tho proposition that Congress
Electoral votes Of tho States, adnlittlng or re-
jccting them for reasons Of its own, Bubvorts
tho whole theory by which thoir appointmont
was conferred upon tho statos, makes Congroas
the President nna Vico President, and by tho
operation Of tho twenty-socond joint r1llo, gives
that powerto each House separately as IN the oase
OF its own momhera. There ID 20 such express
power givon to Congress in tho Constitution, nor
ia It necessary to carry ont any express
power therein given, aud ita exercise would DO
In direct conflict with The known purposes Of lis
framors to make tho Executive aud 1ogislatiVo
Departments as noarly Independent Of each
other al possible. Tho theory Of tho Electoral
Collie 90 was tlat body OF men shauld DO chosen
for tho exprcas purpose Of elocting; tho preHl- =!
don't and Vice President, who would bo distin-
41suSt< I1wS01 1rf4
who would bo independent Of popular passion,
WHO would not bo influenced by tumult. caDol,
or intrigue, mud TINT in Tho choice Of President
toy would bo loft perfectly free to cxercso their
in short, tho idea was tlat a small
safely intrustcd Will tito election ol
tho President and Vico President thnn tho whole
botly OF tho people. Now thGt Democracy il
has boon moro thoroughly tostod, wo have
learned that largo electoral bodies eau be more
easily trusted than small ones that whilo il
may 10 possible to corrupt small bodios, it 10 i'm
possible to corrupt largo ones, and that tht
dangor Of tumult, which waB over present III ths
minds OF tho trainers OF tho Constitution, ariHos
chiefly from tho exclusion OF tho masses from
powor, and comforting it upon few.
pledged in advance 10 voto for particular per
sons waB not only not contemplated by til,
framers Of tho Constitution, but was oxpressl.
excluded by thor theory. Thoy wore to 10 indie
penlont, not influenced by previous comnlittaI
Or orongngementu, so that when thoycamo togothe
they could deliberate with perfect freedom to
tho bost interests Of the Republic. How com
l'iotely this theory has boon overturned by tht
practice Of seventy years, 1t iB unnecessary tt
rocito. The Electoral Colleges have turmoil oil
to DO wholly uHeloas: Eyory reason given fo
their original establishments has absolutely fail
cd in practice, but while they aro powor]ess fol
good they may DO potent for evil. 1n their eoe
ton, errors may easily be committed, and it
very mny inBtas,ceH have boon. While nobod,
would mistake tho name Of Grant or Greeley
changes in nanses on 4 long list Of electors ma,
occur from errors in printing OF fraud, sufllcien
to reverse the vote of tho State. The prcson
electoral aystom circumscriboa tho rowcl
aud rights of all individual yotol
and proyents him from, voting
for tho llen of Ills choice for President ant
Vie President, ,-unleBa thoro arc enough OF hlf
way Of thinking in tho same State to meet II
convention and nominate Electors to represent
| their yioWg-nnd tho present requirement. OF tllt