Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1876-12-27
who Is to Count the Presidential Votes

estly Of the opinion, probably a majority in
each party, that their own candidates have
been elected, or ought to be declared to he
elected on the second Wednesday Of Feb
ruary next. At the same time it has hap
peued that each Of the respective parties is
represented by large majority in the two
houses OF Congress, the one in the Senate,
and the other in the House Of Represents
tiyes; and while the members Of each house
are bound hy their oath Of office 10 obey the
constitution Of the United States, without
regard to their partisan aud personal views
and interests, it is painfully evident that
they are ia great danger OF being tempted
into anarchy. possibly into revolution and
civil war. Danger to the peace of the coun-
try and to all its business, is therefore i'm
minent Commerce, manufactures, and all
OF the productive energies Of the country,
are even now well-nigh paralyzed capital
cannot be safely employed, and thousands
upon thousands of persons, who are depend
ent upon the wages Of labor for the support
Of their families, are thrown out of employ
ment at the beginning Of a bitter winter.
Well may congressman and the people.
Of every shade of political opinion, he urged
to remember, that patriotism is always the
highest political virtue, aud fidelity to the
constitution the supreme duty. II this
virtue shall be practiced aud this duty be
performed all the great dangers Of this ex-
igency will be ayerted, the government will
be preserved, aud peace aud prosperity pre-
vail among the people.
Various questions have been raised as to
the appointment of the electoral boards
in South Carolina, Florida aud Louisiana,
and as 10 particular electors in several
states, Of which Oregon is the most notable
example. Somebody must necessarily de
eide these questions so far at least as 10 de-
termine whether the questioned votes shall
ular questions ought to be decided, it is not
necessary for the purposes Of this paper to
inquire but only to affirm that they ought
TO be decided according to the constitution
VI tnt lultth Nudtthi WHICH II Tue supreme
law, any act, joint rule, vote, or order of
Congress TO the contrary notwithstanding.
On this point it is only necessary to observe
that section one, OF article two, Of the CON
stitution, embraces all the provisions re-
quisite for the appointment of Presidential
electors by the states, the certified return Of
their votes to the President of the Senate,
aud the opening and counting of the certi-
fed votes of the several states by that officer
after which, the constitution declares that
the person having the greatest number Of
votes shall be the President, if such number
be a majority of the whole number OF elect
ors appointed" Congress has enacted sun
dry provisions on the subject, which are
very proper just so far as they are not incon.
stitution, for it must be remembered that
the constitution specifically confdes not a
particle Of power to Congress over Pres
idential election, excepting to determine
the time of choosing the electors, and the
day on which they shall cast iheir votes, -
and "proyide for the case of removal of the
President from office or of his DEATH etc,
"until the disability be removed or a Presi-
dent shall be elected" Congress may fix
the time for such special election in the
forms prescribed as to regular election, but
it can derive no power to interfere with the
ascertainment of the result in any mode
different from that prescribed in the consti-
tuition for a regular election.
Washington was twice elected on the CON
stitutional provisions alone, and if either
Hayes or Tilden shall be declared, on the
second Wednesday of February next, to be
elected on precisely the same rules, every
patriotic man in the country will submit to
the decision, reserving any questions thereon
for determination by constitutional tri-
bunal, if such an one can be found.
1t is well settled that the specific grants of
power to Congress by the constitution ex.
clude all other powers that are not incident
thereto. In fact, there is no power, specific
or incidental, granted TO Congress to count
the votes. Nevertheless, Congress did, in
February, 1865, so far assume to Judge Of
the election OF President as to authorize
either branch to reject the electoral vote
of state aud now other propositions have
been suggested, which assume like power
either in one or both branches. II is a
power to change, or even annul, the electoral
vote of state, or of dozen states, and thus
virtually elect a President, or TO declare that
no election has been made, and then make
the election as the constitution provides in
case the states have failed to elect. Has
Congress the right by the act Of one branch
or of both branches, to defeat an election by
the states, for the purpose of taking the
election Of President and Vice. President into
its own control? Clearly, If a majority Of
the electors OF the states haze made al
election, such action Of Congress would b,
unconstitutional and revolutionary. Tn,
constitutional provision, that "no Senator Of
Representative, or person holding an office o.
trust or profit under the United States, shall
be appointed an elector," is conclusive oil
this point for il no single Senator or Repre-
sentative can so far take part in a Presi
Dental election as to vote as an elector, mos
assuredly the whole of them combined can
not make themselves judges for the purpos,
of annuling verdict of the states consti
tutionally expressed. If, then, Congress il
not from the constitutional returns Of tn,
electors, to determine the result who is t
do it ? Did the trainers of the constitution
omit TO provide for that vital point in tn,
election II it did provide for it, exclusiv,
Of Congress, that fact clearly excludes Con
gress from all power in the matter.
1t remains now 10 discover TO whom tn,
constitution has entrusted the duty of open
ing and counting the electoral votes.
fellow citizen, who stands high in public es
TEEN, has publicly expressed the opinion
that, a. as the constitution and the laws nov
} are, there is no provision for counting tn,
: electoral votes OF declaring the result
. There have been twenty-five elections, il
which the votes have been opened an,
counted, and the results declared by some
body-and twenty Presidents and Vice Pres
idents have been declared TO be elected i
it possible that all this has been done with
out the authority of the constitution tha