New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-12-09
WHO WILL MAKE UP THE ELECTORAL
ROLL.

scrutinize the popular vote and dis
criminate between that cast in conformit,
with law and that imposed by force O
formulated by fraud. Every State ha
acknowledged the necessity of copyint
the provision of the Federal constitution
which provides that each house of tn,
Legislature "shall be the Judge of tn,
election returns and qualification of it
own members" The House of Repre-
sentatives has gone 80 far under this au
thority as even to inquire into the validity
OF the State government which has &C
credited occupants or claimants of seats
in that body. 1t is even claimed at thii
time that Congress has the power to in.
qulre, by committee, into the legality Of
State elections. It there be, then, neces.
sity for an authority which may examine
into the legality of all election returns
there can certainly be none in which it
can be so important as in the preparation
and report of the electoral roll of the
presidential election.
The great question is rapidly drifting
into position in which some judicial au-
thority must intervene to decide between
certified and contestant electors. 1t, there
fore, becomes proper to inquire, it may be,
somewhat in advance of events
1. Whether there be any such discretion
vested in any authority Of the Federal gov
eminent.
Upon turning to the Federal constitu-
ton we find that the whole electoral re-
turns shall be sealed, and transmitted
direct to the president Of the Senate. This
officer shall. in the presence of each of
the houses, open all the certificates, and
''the votes shall then be counted" This,
in our opinion, devolves upon the pfesi-
dent of the Senate the Judicial discretion
indispensable to determine the contest be.
tween the claimants of electoral repre-
sentation. We derive this authority from
two indisputable facts. l. That there has
been no authority confided in any o:her
agency. 2. That when a duty has been
conferred upon any department of the
Federal government, that duty is always
accompanied by q power adequate to its
execution.
That the exercise of this judicial dis
erection by some authority is indispensa-
BILE to the choice of President, may be
made obvious. 1t will be granted that
no State is entitled to count two sets of
votes; and, Of course, that when the
claim Of two sets Of votes is presented,
me or the other must be null, and, there
ore, no vote. When, therefore, the con-
titution says that after the President of
he Senate shall have opened the certifi-
,ates, the totes shall then be counted-l
our italicsl. There must have been an
Investigation and decision antecedent to
he count. Nothing can be counted but
vote. A certificate is not O vote, and
here must be Judicial discrimination !
xercised to determine between the bogus
nd the true. Were there not the prece-
ent decision, then would the pretended
nd real certificates be poured before
he two houses in one indiscriminate
lass; nor does any one pretend that
ither or both Houses have any right to
xamine or adjudicate. |,
If, then, this judicial discretion be,
ON the nature of popular election, in {
ispensable to an expression of the constit-
ent will; if there be no other judicial
,ency, it must follow that the officer in. {
listed with the duty of submitting the s
ectoral returns is the only authority in t
nded to exercise this duty. We do not :
Ire to place the performance of this high t
ust upon the admitted authority of q
peaker, or even of clerk, to make up 4
lie roll of the body of which either may
> the agent. We prefer to rest the au- S
lority upon the far higher ground of '
uty indispensable to the constitutional Q
motions Of the government. II
We can not forbear to remark that the O
epublican party has in this, as in some
her important instances, failed to give S
gical etec. to the construction which il
ey have given to the theory of the gov \
rment. They have proclaimed one citi- '
n the equal Of any other citizen. Yet a
lie citizen of Oregon Or Of Delaware p
ay exercise political power through s
Senator equal to that of two thousand O
'rsons in New York. The Republican Fl
rty has claimed that this is national a
'vernment of all the people of the Union,
It it leaves the election of the Chief .
aglstrate to be cast and certified through h
@ agency OF the separate States. :,
The old electoral machinery remains as =
first. The President WAS intended to !
chosen by the States. Hence the Sem ;,
e was the conclaye Of the States and a
as intrusted with the custody of the :.
ectoral returns, and therefore the pre- 9,
ding officer OF that body has the Judi :.
al discretion to examine the returns. :,
scriminate between the true and pre. ;,
nded, and report to both houses the 6
ectoral roll. The duty of counting the =
ties, after it has been ascertained what =,
e the votes, is an affair Of the finger and G.
umb. 1t may be easily and honestly !,
me in the common presence of the two :,
parate houses Of Congress. G
From this reasoning we are satisfied 81