The daily Argus. (Rock Island, Ill.) 1873-1877, 1876-12-06
Wednesday. December 6. 1879.
Organization ana Powers of the Joint
Convention.
or of the ChlcaRo TImes:

the joint convention of the senate and
house Of representatives TO canvass the
vote Of the electors for president and vice
president Of the United States, with de-
sire to promote the formation of just
public opinion for the guidance of the ap-
preaching conventions; for upon the all
pervsding power Of that opinion the peace
and good order of the country largely de-
pend. The constitution provides:
/. That the president of the senate
shall, az the presence of the senate and
house OF representatives, open all the GER
tifcdtes. Efg.NtT
2. That the votes shall then be counted.
3. That the person having the greatest
number Of votes for president shall be
president.
f. If such number be majority of the
whole number of electors appointed.
5. That if no person have such majority
thcn, from the persons having the highest
numbers, not exceeding three, the house
of representatives shall choose, Immediate
~, by ballot, president.
8. But, in choosing the president, the
votes shall be taken by states, the repre-
sentation from each state having one vote.
A quorum for this purpose shall consist Of
a member, or members, from two-thirds
OF the states, and majority of all the
states shall be necessary to choice
have read with SEINE attention the
views of Hon. Caleb Gushing, Hen. Clark
son N. Potter and others as they have
reached me through the public press, with
the comments they have elicited. Thus |
am led to suggest: #t3t
/. That the electoral joint convention is
political, not a judicial body, and hence
its precedents are not binding on its sue
cessors. One such convention may organ
iEe in one mode, and a subsequent one in
another. Where there is no real contest.
the president of the senate may be per-
mitted even to count the votes and an
nounce the result. On every occasion, the
organization and action of the joint con-
yention may be such as the circumstances
make expedient. The fact that proposed
course OF action is new, is nothing; the
supreme courts OF the states and nation
are deciding new questions every day,
though they have been pronouncing
judgments for nearly century. The time
to decide question is when it arises,
2. 1t is settled law that under the con-
stitution of the United States there is
implied power to do all things necessary to
the full performance of duty clearly i'm
posed. There is therefore no want of
power to decide all such questions as may
arise in connection with counting the cleo
toral vote, and declaring the result.
3. The president of the senate is the
servant not the master. of the electoral
convention. He is not e1 otacio its pre-
siding officer. He must open the certi6-
Gates when the convention is ready, and
directs him 80 to do. He cannot open
them before. IL he should do so, the con-
vention would have inherent power to
punish him for the contempt. When he
has opened the certificates, the whole duty
imposed on him by the constitution is per-
formed.
4. The words and tie votes shall then
be counted" mean, by the settled rules of
construction, that the votes shall then be
counted az such manner as the joint con-
Uention shall direct. The power to count
necessarily involves the right to determine
every incidental question. There is no
limitation of this power. If it be charged
that any alleged returns are false, fraudu-
lent or forged, or otherwise in violation of
law, the convention must necessarily have
authority to hear and decide the charge
From its decisions there cannot, 10 the
nature of things, be any appeal Over it's
action no other department of the govern
ment can exercise any control. Within its
sphere, it is supreme.
5. The electors correspond to the whole
body Of senators and representatives acting
jointly. The electoral joint convention sits
in place of a general assembly of all the
presidential electors TO count the votes and
declare the result The idea of two bodies
acting independently at the same time and
in the same place, is an absurdity. To
act jointly they must become one body,
under one organization. The legislative
joint convention to elect a United States
senator is an example. There should be
presiding officer to preserve order, and
a secretary to record the action of the
body. If any other course be permitted,
it is an irregularity. This power of organ
izatlon is inherent and inalienable, When
the house and senate meet to count the
votes. the whole body OF members consti-
tutes by force OF the constitution the cleo
toral joint convention. 1t may choose the
president OF the senate or any other mem
Der to preside. 1t should in any event
appoint secretary to record its action, for
the certificate of such secretary, made
under the orders of the convention, will
import absolute verify, and bind all the
departments OF the government. 1t will
also appoint tellers to count the votes.
The president of the senate ought not to
preside, because be has specific duty to
perform under the constitution and the
orders of the convention.
1t is maxim OF lawyers that extreme
cases illustrate rules. Let US therefore
suppose substituted false return opened
by the president of the senate; is it not
absurd to say that the convention would
be compelled to count it? Suppose the
president OF the senate should fail or re-
fuse to produce all the certificates, for the
purpose OF throwing the election into the
house, would the convention have no coer-
GIVE power to secure just result?
Ii the two houses OF congress are to act
independently of each other in counting
the electoral vote, the mere nom concur
renee. or delay of one may defeat con-
stltutional election. In such case, a
majority OF each house would have mower
to hear and decide for itself, in such a
manner as it might deem expedient, all
questions raised in relation to the identity
and legality of the return from each state
But nothing could be further from the
spirit ct the constitution than such a
course. What it requires of the electoral
convention Is precision, certainty, and the
prompt dispatch OF business. An erroneous
decision by the electoral convention might
be acquiesced in for the sake of peace, but
disagreement of the two houses acting
separately would seriously threaten an
archy.
.. 1t isfor the joint convention to decide,
record, and certify who is elected; or if
no election has been made according to