, 1876-12-25

CntcAoo. 1ltc. 29-Thr communication, IN
law. T.,nnsv nv.r ~. siran.rsa ~ ~. ~
!. r. hoof. struck me as one OF the most palpa-
bic pieces Of special pleading that ever cane
under my observation, ,-bcgglnC the question,
IA It ala. At tbo vcrv o,,tset= r. a.,,,7,1. that
"the power to eo1nt the votes md declare tho
result " Is "lodgcd III one man,-the President
Of the Senatc; u aud taen proceeds to auote the
oniv c,ause If the const;tntt,n r,1sttva ~ ~.
subject. and which no. on,v Soe. % mt h,ar NJ o,,t mt
ss,. auu ".el s Nv ony aoes nos peas ous
this assumption, but really implies the very
contrary:
"The President Of the eenatc shall. in tho
nrcsenro of thc Reuate and Housc -, Rcnrssa1,o
IVES open al tac cersaueatee, anu Inc votes
ahau Me73 b counted" etc. Nov, had It been the
intention thnt he aud be only should "count"
the votes with az that the word may be held to
tionabiy have been employed. uow. easy 1t
"certincatc.' "1nl shall then count tha yotcs'
The phrascologY used must, therefore, IN ali
reason, be construed - cl,osen for the purpose
done under Conversational direction. 1t Is one
Of the numerous, Instances IN which the Cou-
stitutton leaves to Congress the "details which
shall etlectuass tho provisions Of tie suprcule
law Of the land.
Let lla then suppose that Congress were 10
enact that after the President OF the Senate has
opened all the certificates, 1oint committee
shall "count the rotes," IN the continued pres
cncc Of the two HOUSES, aud declare the result,
will Mr. Root undertake. to say that the Couttt-
tution would thereby be yfolntclf II su, howl
Would not thc requirement that the President
Of the Senate thnll "open all the ccrtiacates't
further requirement "that the votes shall then
be counted,h ~ have been strictly fulfilled alsof
Yet Alr. Root's claim involves the absurdity ui =
negative answer to this crucial inquiry. Nobody
il Congress sees proper to permit il, ID perfect
compliance with the letter Of the Constitution.
But II Ia by no means the oaiy method Of such
compliance Nj. Root learned long ago, that,
shouEs hofse ts On T., ,anIH'al cvery aaima II not
Constitution speaks Of an animal, that anitual
shall bo deemed aud taEcn IL ba horse. IL
uo,s't do. Tie interests ut stake are too grave
to be dtsposca ot in such IN Irrational, e. Edrtt
summary fashion. And WHEN Str. llout tells Us.
OF hand, " 1t can't ho hclpcd.h we answer. at
must be, OF motr exoety, at + hclped.n
Hut Ar. Root coolly tells us: ut evidently
wns not the intention of tho fFamcrs Of the
count Prrsidcntin In or to count him out. Tic
franIcrs Of the Constitution. wisely kept this
power away from Congress-" Did they, iudeedl
And they we're SO bent upon this according to
Of men should conspire for sucl, purpose, these
the power to count hfupe.f III, whenever, Us re-
peatrdly has been the case, the President Of the
Senate Is a ennlIiatu for tbu Presidency Of tho
nntion! This, too when those very Congress.
men, Ii no candidate have clear Electoral MA
jority, arc expressly tntrusted With The power
of giving tho Presidency to that one Of The thrca
highest Candidates WHO haa received tho fcwcst
Electoral yotcsI You can IL telI that 10 lie mn
rincs,n cuod Mr.. r.!
liz gocs on to dcscant ,tnon The anomslous
CHARACTER OF a Joint Asscmbjy of the two Houses
OF oncrcss,-intimating that ia this plight
thcy have en IN anrak nn Heoa nor rad . for