Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1876-11-25
naiIp Sirnnrbct sonrnal
From the New York TIibune'
Some Settled Points.

After all this is government oil law
Day by day. discussion shows more clear
" what the law requires, and. II we eN-
cept a few ot-headed parlsanS, the peo-
pie manifest a determination to abide by
The law and sustain its enforcement. Dis
cussion has settled certain points already
l. The Constitution leaves to each
State the duty of ascertaining the will of
its people in the choice of President. and
guarding the election and the counting Of
the votes by such precautions and forms
as the State may deem best. If State is
In such condition through rebellion or do
mestic violence, that il cannot participate
In choice of President, as was true of
some States during and after the war, the
constitution makes no specific provision,
because it presumes that neither House of
Congress nor the Nico-Presidcnt will re-
cognize as State that which is not State.
But if State exists, so as to be entitled to
vote at all, the Constitution leaves TO that
State the mode of ascertaining the will of
its electors.
III. The laws of Louisiana ami Florida,
which grant certain powers to the return
ing boards, are conclusive, and no power
exists under the Constitution for revision
or reversal OF the decisions of such boards.
A fraudulent or forged return, not based
upon such decision, would be void; bat
If State is entitled to vote for President
at all, and its properly constituted board,
acting within State laws, has decided hat
certain persons are elected, no power ex-
lists to reverse its decision.
Iii. When the electors meet, on the
day fixed by law, their first duty is 20 ver-
lily their powers-to ascertain that they
are the persons lawfully elected. If by
error, fraud, or disregard of law, ccrtifi-
cate has been given to person not duly
elected. the other electors will know the
fact, and act upon it. TO take an extreme
case, If certificate should be given, in
Oregon. because one OF the republican
candidates was not eligible, the two legal
ly-elected members would doubtless trea,
his certificate as Illegal and the place void,
proceed to Gil the vancancy as the law
provides
w. When the certificates have been
received and are opened by the President
of the Senate, the Constitution requires
both Houses of Congress to be present
But it does not clearly make the presence
of both necessary to the validity Of the
election. 1t does not empower either
House to do anything except be present.
The language of Kent, on this point, is
entitled TO weight scarcely less than a de-
cision of the highest legal authority. He
says: II presume, in the absence OF all
Legislative provision on the subject that
1.-The President of the Senate counts the
votes and declares the result, and that
1.-The two Houses are present only as spec
''tators to witness the fairness and accura-
icy OF the transaction, and to act only if
no choice be made by the electors y
This view is sustained by the example of
those who framed the Constitution, for
when President Washington Was re-elect-
ed, and the Senate and House met for the
first time to witness the counting Of the
vote of electors, the votes were opened,
read, and counted by the President of the
Senate, without any participation by either
House or by tellers of either. The words
of Kent recognize that Legislative pro-
''vision" might be made, by joint resol-
ution, or otherwise, prescribing other
modes, but none exist the 22d Joint Rule
has been repealed; and the matter stands
precisely as ii did when the opinion Of
Kent was expressed. According to that
opinion, can it be supposed that either
House can nullify an election by the peo-
pie by mere refusal 20 attend and witness
the counting?
If this view is correct the House has no
power whatever to nulify an election by
seceeding from the jlt convention, or by
refusing to attend. The Constitution im
poses duty upon the President OF the
Senate, the Senate, and the House, and
il either should refuse 10 perform the duty
thus imposed, it would not defeat the will
of the people. 1t would still be the duty of
the President of the Senate 10 open the GER
tificates. 1t would still be the duty of the
Senate 70 attend, witnessing the fairness
and accuracy of "transaction." No for
NAL declaration by the two Houses is re-
quired by the Constitution, which says.
simply, that the person having am )rity
of all the votes shall be President"
When once the votes have been counted,
at the prescribed time and by The proper
official, nothing but revolutionary violence
can prevent the inauguration of the per
son who receives a majority of the votes.
That any revolutionary attempt will fare
badly, we need not add.
From the New FORK Times.
South Carolina.