The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-11-22
i A. Rtehmonsi lawyer Ably Exponrsds
4 tine Laws Providing for residential

i, ArntehmOnsi lawyer Ably Exponrsds
tflc Laws Providing for 1arcsid entail
Elections
70 he Editors of The Dispatch:
/ Aa ufrrcl, uncertainty existsas to the con-
fstitttionaf provisions touching The proyin
Of Congress i'm passing on the returns OF the
electors of The several States giving the
vote for President and Vice.gresident per-
init me to sI,erss a common-sense view OF
tbe matter. TIE. Constitution by the second
section Of article II provides chat . eaeh
state shall appoint in such manner as the
| Legislature thereof may direct, u ntlmDefU
| electors equal to the whole nlnDer OF scls-
ators and representatives to which Che State
NAV be entitled in the Congress but no SEN
ator or representative, or person nosolng al,
office OF trust or proffs under the Unl lI
States, shall be appointed an electoI. py
the twelfth amendment 60 the Censtlsutloll
It Is provided that "the electors shaii meet ,e
in their respective States, and vote by Sauos !,
for President and Vice-Presldent anu
after providing how the ballots snal! i.. Dg :;
To the seat OF Government, directed to the
President of the Senate, it is provided that
= the President of the Senate shall, in the
presence or the Senate and House Oh
Representatives, open all the certificates,
and the votes shall then. be counted
The person having the greatest NUMBER
of votes for President shall be the Presl-
dent. if suci, number be majority OF the
whole number OF electors appointed; and II
nd person have such majority, then from
| the persons having the highest number not
exceeding three on the list OF those Foted
| for as President, the House OF Representa-
tiyes shall choose immediately by ballot the
President" &c.
The fact that the certificates can only be
opened in the presence OF the Senate ana
| House OF Representatives must mean that
Congress are required to be si!ent,, helpless
spectators OF the opening and incidents 1oi-
| lowing, or that they are vested with power
OF control; and il with power to control IN
any particular, then in all particulars, SUD-
iect to express limitations on their power.
| II Congress were simply called upon ny the
| Constitution to be silent witnesses OF tue
scene. with no higher tribunal upon wren
their testimony could be given as to the
correctness OF the count, and bound to abide
| by the result as announced by thePr esldent
| of the Senate upon his own count, then the
requirement OF their presence would De
| worse than farce; and it might nave Deen
trulv said of the sage conventions construct
ing and adopting the Constitution, Pai7a-
yi,tat monies, nuscet,er ridicutus mas. Ii
will be seen that while the President OF the
Senate, to whom the returns are sent
sealed, is required to open the certlfl-
Gates, he is not required, or even de-
signated, as person to count. IL
must be concluded, therefore, that the
assembled Congress are to have full
control OF the proceedings, after the
certificates arc opened. Accordingly,
in determining the result Of the election for
President in 1871, it was declared by joint
resolution OF the two houses OF Congress
| that one person be appointed teller on the
part Of the Senate and two on the part OF
| the House of Representatives. who were, IN
| the presence OF the two houses, to make 4
| list OF the votes as they should be declared,
and the result declared to the President OF
| the Senate. who was to announce the result.
In that case the Nice-President broke the
seals OF the envelopes containing the certlfi-
Gates. and delivered the same over to the
tellers to be counted.
| Now, it follows that ii Congress can rcgu-
late the count in any way, it can and must
decide what States have appointed electors
and who they are, else how can they know
how to count ? The certificates sent to the
President OF the Senate may have been issued
by an illegal body OF persons claiming to be
| electors. There may betwo sets OF electors in
| State, each claiming to be the legal body,
and many other contingencies may arise vital
to the question to be decided; and Congress,
| ii it has any power at all in the matter, must
| have full power over the whole subject.
This has been the view of Congress, and
| it has actually exercised the powers, and eX-
/ cluded the certificates from some OF the
southern States heretofore, rs has been
stated in the public prints. Indeed, the ex-
istence of the Joint rule requiring each
house to retire and decide on the questions
raised shows conclusiyely the construction
placed by Congress on their powers.
| A very serious question is now raised as
to whether 1874 votes will elect Mr.. Tllden
in case any of the certificates OF the States
are thrown out. I think clearly they
will. II Congress shall decide that any one
State has not appointed electors according
to law; in other words, if Congress shall
decide not to count the certificate or certiti-
Gates received from any one State--a thing
certainly within its power-then 1S4 will be
ga majority of the whole number OF cleo
tors appointed and by the express words
of the Constitution will give Mr. Tilden the
election. Not only fraud, but serious IT.
Irregularities, must lead to the conclusion
that electors have not been appointed ac-
cording to law, and this is all Congress
have to find to throw the certificate out
and declare no election or appointment OF
electors to have been made in the State in
which such fraud or irregularities exist
! Another question arises in this election /:
Can Federal office-holders at the time OF
| their election as electors qualify themselves
by resigning their offices Clearly not. The
reason and object Of the law was to prevent
President from prolonging his power or
that Of his party by IN improper influence
over the Electoral Colleges. There could
have been no other reason for the provision.
| This reason would still hold good il these
| persons were permitted to resign after their
election, for they would Invariably receive
the same or better appointments after they
cast their votes The words OF the Con-
stitution, however, leave no room to
| doubt, for the disqualification is not fixed
so as to operate on the day they are called
on to act in casting votes for President, put
! is disqualification operating on the day OF
appointment (Which appointment is now by
| election, and on the day OF election), and II
the person voted for belongs to class OF
citizens that can't be elected the votes are
thrown away as completely as though they
were thrown for dead man; for il the
| person voted for was by the Constitution
prohibited from being an elector on the day
of election, the election which is completed
that day (the subsequent proceedings only
going. to ascertain the resulD is OF no effect