The Findlay Jeffersonian. [volume] (Findlay, Hancock County, Ohio) 1870-1881, 1876-12-29


done in either the Senate Chamber OF
House of Representatives.
70 Obviate objections the S1nate can
: 90 to the House; but the President of
the Senate hgs the custody of the lists
and returns of the Electoral votes.
He opens them. In opening he can
cali TO his assistance whom he pleases.
As each list or return is opening it may
be ascerfaiBed what the number of
votes is and for whom given, aud an
announcement thereof may be made
By the Vice President as each State is
called and the certificates are opened
This being done the final count is
made by reviewing and adding up the
votes of each State as already ascer
tanned and announced.
No declaration is needed as TO who
is elected President or Vice President
The Constitution fixes and prescribes
this. TO wit: the one having the great
est number of votes for President shall
he the President, etc. If such num-
Der be majority OF rhe whole mum
ber of Electors appointed." The mum
Der of Electoral votes received by each
candidate being thus ascertained may
be annouced by the President OF the
Senate, who il not made by the COnsti-
tuition. certainly is by usage under it.
the presiding officer at the meeting of
the two Houses to witness the count
of the Electoral votes. Even this an
nounce,uent is not required, All that
is in fact needed is TO preserve the evi
deuce of the court aid the number of
Electoral votes for each person voted
for, either for President or Vice Presi
dent, and the Constitution itself de
clares the result. Nothing further
then remains to be dore but for the
Pr-sident-elect to take the Constitu-
tional Oath and his title to the office is
complete.
Iv.-THIs CONSTITUTIONAL PROVISION
Is SELF OPKRATI>G.
| Thus it will be seen that the Consti
tuition is SELF executing aud wasintend
ed to be so by the trainers Of it. and
not 70 be subject to any law. rules, CT
regulations Of Congress, or of either
branch of Congress.
To show that the Constitution is
self-operating as 10 counting and de
claring the result of the Electoral
voies. it is only necessary to refer TO
section 142 of the act entitled 'Presi
Dental Election" (U. S. Rev. Stats,
page 22) That section is as follows:
Congress snail be in session on the
second Wednesday in February sue
ceeding every meeting of the Electors.
and the certificates. or so many OF
them as have been received, shall then
be opened. the votes counted, and tile
persons TO fill the offices of President
and Vice President ascertained and de
clared agreeable TO the Constitution.
If anything is clear. it is clearly GER
tain that this provision refers the
whole matter of asrertaining and de |
claring the result of the Electoral vote |
back TO the constitutional provision.
and makes it self operating and self
executing. in fact,if Congress should. |
or If a State should. in any way, at |
tempt 10 restrict. modify, or in any
way vary this constitutional provision |
by any law, rule. or regulation such
law, rule, or regulation would be I'M
constitutional and void
This is shown i'm the decision in the
Prigg case, 16 Peters COZ. On page
626 i'm that case. Chief Justice Taney.
in speaking of the masters right to re-
claim and take his slave wberevar he
could find him. SAYS: The right of the
master to reciaim lis slav- being given
By the Constitution of the United
States, neither Congress nor anv State
Legislature csn by any lam or regula
tioR impair or restrict ii :"
v.-FURTHER IS TO ELECTIoN OF I'll
ECTORS.
| repeat, the Federal Constitution
gives to each State Legislature the
right to prescribe 'he mode of appoint
the Electors TO whir'. each State Sc
verally is entitled; t'lis ''aiGg done, Dei-
tber Congress nor q State Legislature
can further interfere
VI HOW. ARE WE TO KNOW WHO ARR
ELECTED OR APPOINTED FLKCToRs9
This applies more especially to Ore
eon. As / understand the laws of
Oregon they fully provide for the elsc
tion by a majority re- This heing
done according TO the law of tn. State.
the right of the Elector is complete IN
der the Constitution of the United Z
States. ,
The law of Congress (Rev. Stats. p. | .
81. sec. 1860 requires the Governors of
the States respectively to furnish Ger S
'ificaies TO the Electors containing tn. 7
names of the Electors. on or before |
the first We 7nesday in December. ,
,l,ara 20 Snn
the laws of Oregon reqnire substanti !
ally the same thing, these laws are .
merely. and the giving or +
snch certificates can Meth
er validate nor invalidate The Fed
-ral Copststntion only gives the right g
TO each State to appoint Electors in 4.
snch manner as the State Legislature r
,hall provide. The Legislature having
provided for this by an election by the
people, and that being done and ascer
-ained. the State has no further power :
,ver the subj c.; and while the Gov '
srnor's or Secretary of States certifi
.ate of election is convenient as evil
1ence of the election, yet neither OF c
hem is absolutely essential. the fact Y
otherwise appearing or being ascertain t
ID.
If the Governor were the returning
board and had according to law can
Tassed the vote cast by the voters of
he State and certified to the number s
IF votes. the case would be entirely a
iifferent. In this case. however, the ;,
aw as to the Governors certificate is :
merely directory, and when such GER a
ificate is refused on general principles a
IF law, it cannot deprive the State of h
Is vote in the Electoral College nor
he Elector of his Office.
FLORIDA. AND ORE
GoN-coNCLUsIoN.
The returnsng Boards of Louisiana
md Florida canvass d the votes of Ii
heir respective States and made re d
urns thereof aceordiR to the laws of il
heir respective Sta, and the Gov
.rnors issued certificates to the Elec =
ors accordingly. In Oregon the re- IL
Iuired canvass and return were made, il
sLich showed that cerfain Electors d
Iad been elected by large majority.
This being so, the State has right TO u
)e represented in the El-ctor Al College, Il
md the Elector has rested right tol
le Office, and neither the State nor o
he Elector can be deprived of such II
light by the refusal of the Governor or Ia
,ther Office to furnish to the Elector a i
,ertifcate of his election. The provis II
oBs of the Federal Constitution can v
,ot be nullified by any such means or ii
.yasion, nor the will of the people ofa b.
state be thereby overturned