Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-11-25
THE LAW IN THE CASE.
whoever is Elected President Must
Have One Hundred and Eighty
Five s-Otherwise No
Election.
Grant Cannot Hold Over an Hour, with
or without the Consent Of Congress
The Counting of the Vote.

The New Orleans Times, of Wednesday, publishes
the following opinion OF Judge John A. Campbell,
formerly assOclate-jus OF the supreme court OF
OPINION
In reply to Inquiries made Of me by the Times re-
atng to the pending election for President and
Viee-PreSdent OF the United states, answer:
Every act performed by every voter, officer. egisa-
tive body, eleetOr must find its sanction In pro-
vision OF the constitution OF the United States, or
law jState or Federal made under its authority.
Surprising the electoral colleges to be filled by
qualified electors. majority of the whole number
appointed must concur in favor Of one person to
elect him The suppression OF ihe vote OF a state
or of an individual electOr, as not qualified will not
change the rule. I understand the word In the
twelfth amendment OF the constitution to signify
that not less than majority OF all Of the electors
whom the laws require TO be appointed will be suf-
fcient TO elect him. In the present election some
candidate must have one hundred and eighty five
votes. The history OF the clause, as shown in 3
Madison Debates, 1917 -l5O3, proves this. If ne-
ther OF the candidates should have sufficient mum
Der of votes. majority OF all the States. through
their representatives in the congress, required.
In no event eau the present incumbent hold over
He is elected for term Ot four years, nor can coli
gress, nor any other authority enlarge that term.
Theframers Of the constitution have not committed
the fatal error OF tempting an incumbent OF that
Office 10 use the army, navy and patronage of the
government 10 prOiOng the period OF his power
Ny opinion is that neither the iee-President nor
the president of the senate any duty to perform
in respect 70 the election Of President and Vice
President, except to receive from their electoral col
lege their certificates, and 10 lay them before joint
session Of the senate and house of representatives
The counting TO be done underline authority OF the
Joint session, and Ike all joint sessions of bodies
thus organized they preserve their separate OTdni-
ZatOn and act separately. Their concurrence is
necessary to any order Or act,
The t%enty-thlfd rule Is one of procedure. No
iOiHtT could modify the constitution, and flegs-
latiOn be required TO execute the constitution act
Of congress Is necessary for the purpose. &t
The decision by congress so assembled Is neceS-
Sary for the determination Of the facts contained In
the electoral returns II the congress decide there
Is no election. each house is clothed WIZ. the power
to make one the sellHEe elects the Nice-Pre3d 3dent
the h0usa Of representatives the President As. the
two houses Of congress must concur in conclusion
that an election I'm the electoral college has been
made and as each house has AN important duty 10
perform in election has failed In those col
legeS. Il follows that they must have power TO
anime the evidence submitted 10 Them and make ny
"A Judgment Of the result OF the examination, The
questions whether the electors are qualified. were
legally appointed. had performed their duties under
the laws. and thai proper returns had been made
! questions which may arise and must be decided
I do not know how the decision Of congress upon
the subject can be contested under any existing law
If the Joint session be unable TO declare thatsome
/ person hHs been elected President and Yiee-Pres
| dent. then each hOnsa may proceed to make the
elections tu those Offices, and know OF authOr
| ty to inp+acn their acts.
- - - JOHN =, CAAlpBELL.
/ N+ei York. November rs: Governor Tilden aEt
I Governor ilendrieks dmed Tonight with AbrGm :
Hewitt chairman m the Democratic natiOnH CON
: mitiee.