The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1876-12-20

their duty on such occasions it il OPP
posed by the opinions of great lead
ing men in the past, as well as in the
present generation; it has no warrant
in the words of the Constitution it is
utterly at variance with the reason of
the thing, and it grossly violates the
right of the people to be protected by
their representatives against impos
ture and villainy.
The duty assigned to the president
of the Senate is very simple. The
certificates being sent to him, he must
keep them in faithful custody and
close under seal, until the day of open.
ing and then he must open them in the
presence of both houses. When that
is done, his special function is finished.
Because he keeps the packages con-
taing the certificates, andi is authorized
to break the seals on q day fixed, is
he, therefore, to pass upon their va
lidity and force the houses to receive
and count them, contrary to their con-
victions of Justice and TRUTH 1t
might as well be said that the messen-
gers who bring them up have this
kind of power.
The votes being opened, shall then
be counted. The Constitution does
not say in express words, by whom
the count shall be made. But the
rule of constitution which gives the
authority to the houses and withholds
it from the president of the Senate is
very plain. Judicial power is never
inferred from the bestowal. of a
ministerial duty. When a writ
ten law requires evidence to be
produced, the weight and value
of it is always to be decided, not by
the officer or person who brings it, but
by the one to whom it is brought, and
before whom it is laid. Else why
bring it at alli A hGbeds corpus law
command that the sheriff shall bring
the body of the prisoner before the
court or judge, together with the
cause of his detention, and requires
that the prisoner shall then be bailed,
remanded, or discharged, as justice
may require. By whomi Certainly
by the court, and certainly not by the
sheriff. An executor shall lay his
accounts before a court of equity, and
they shall then be confirmed correct
ed or modified. The statute does not
say by whom the decree shall be made
but it is absurd to suppose that it can
be made by anybody except the chan
cellor. Dispositions taken in foreign
country, under a commission or letters
rogatory, are by statute to be sent I'M
der seal to the clerk Of the court, who
shall open them in presence of the
court when the cause is called.
Does that give the clerk power to pass
judgement upon themi These sup
posed cases are given for tn mere pur-
pose of illustration, and they show by
clear analogy that the votes of the
States for president and vice president
are to be counted by the houses
counted in their presence, in their
sight and hearing, under their super
vision and control-and truly counted
according to their judgment and con-
science.
The right, power and duty of the
houses is to count the true votes OF
the States only, which, of course, COW
ers and includes the duty of rejecting
false votes from their count, if it be
known that spurious votes have been
placed among them by accident or de-
sign.
For certain reasons, which will be
given presently. it is plain to US that
in case Of disagreement between the
two houses concerning their duty to
count or reject vote, the Judgment Of
the Senate must prevail in regard t.
the vice presidency and that of the
House on the presidency. Before
coming to that, however, we are to
consider upon what grounds either
house. or both together, can act in re.
jecting 3 vote.
1t Is claimed that the certificate OF
the State officers, if it be in due form,
imparts absolute verity-must be taken
as infallibly true, and can not be ques.
toned or disputed. This is true doubt.
less. Congress is not a national return.
ing board, and can not sit to hear ap.
peals frem the returning boards of the
State-can not rejudge the justice done
by the State authorities, or correct their
errors. The decision, if it be a de.