The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1876-12-22

| Houses of Congress- Those Houses are not W
try contests arising upon the choice OF electors
| under State laws, between candidates, for the
manner of appointing electors is confded by
the Constitution to the Legislatures OF tho
several States and State regulations thereon
are properly to be enforced by State author
ity executive or judicial as circumstances
may require, 4 Con. Art. III, l, clause p. Bnt
the meeting of Electors in each State, and
their proceedings and returns, are expressly
regulated by the 18th Amendment TO the
Constitution, and plainly brought within the
scope of Federal Jurisdiction. And by 9TH
er provisions Of the Constitution the inca.
pacity of certain persons to serve as Elee-
tors, and of still other persons to receive elee-
torsl votes, is plainly pronounced. by stat
ute also, passed inpursuance of the Consti-
tuition, (Art ii, Z. /, cl. A., the United States
ha. fixed uniform times for choosing and
for the meeting of Electors throughout tba, ~
country, regulated their action in several
particulars, and designated the day whom
their returns shall be opened before the two
Houses of Congress. git g-5
Il These provisions of the Constitution and
, laws of the United States, with one other ts
, be presently mentioned,) fix with precision
the limits OF the authority to be exercised
, by the two Houses of Congress In the exam
: ination and count of Electoral votes. Eos
3 they are to count votes cast in conformity
e with the Constitution and laws of the Unitcd
States--in other words lawful and true votes
and to reject all others. f,l
I L IF
has application here and must not be over
looked. 1t is that which provides that each
:, State shall appoint as many Electors as 10
= shall have, or be entitled to have, Senators
" and Representatives in Congress. Here,
evidently, Is meant an actual bona tide ap-
r pointnent Of proper number OF Electors,
1t by State in the Union. An unadmitted or
e seeded State and State 80 far dsorganized
e or unsettled politically or socially as 10
. prevent true appointment of ElectorS,
o would not be within the provision, and
g State that appointed too many Electors could
+ notc.aim 10 haze her votes counted. 1t fol-
t, lows also inevitably fro n this provision and
3 from the l2,h Amend n mt that the Electors
: in State, wno assume TO casteectoral votez
n therefor, must be lawfully appointed under
y the laws of the State and represent in fact
I; its sovereign authority. Such persons only
er are known to the Constitution as the Electors
of a State, and hence proof Of their appoint
\. ment is always required when votes cast By
a. them are to he counted by the two Houses OF
N Congress. .....
II In view of the above mentioned provisions
to of the Constitution of the United States and
to of decisions heretofore made by the tive
e; Houses of Congress in the exercise of their
es Jurisdiction over electoral returns, we may
n now proceed to designate the electoral vote,
m which, whenever presented, are to be held
al illegal and rejected from computations.
an They are votes given by disqualified Elec-
Sc tors, or for disqualified candidates votes
II. cast in an unlawful manner or at an ua-
e. lawful time; votes given by immature States
or by States in no condition to vote, and
astly, votes given by unlawful Colleges.
~ |. Votes cast By unqualified Electors Per-
| sons who SHALL at the time of their appoint
~ ment as Electors, have been members of
: either House of Congress, or have then held
- offices OF trust or profit under the United
80 States, cannot east electoral votes, (Con.
Art. H., |. cl p And it is fairly to be
implied, that the acceptance by an Elector
20 of membership in Congress or Federal
a office, subsequent to his appointment, will
=, disqualify him for electoral service and rem
- der void any vote given by him in an Elee-
toral College Mr.. Grundy's Committee OF
wv 1887, expressed the emphatic opinion, that
by this disqualifying clause OF the Constitutions
by Sought to be carried, in its whole spirit, into
or rigid execution, in order TO prevent officers
be of the General Government from bringing
wo their official power to influence the elections
las Of President aud Vice President of the
m United States" (Benton's Alb. Deb. XIII,
ng 264-5.) ..r ..t ,.t a.-f .s.i 10
ely .. Votes curt for disqualified Candidates !
ot Under this head may be mentioned lat,
la a, persons not natural born citizens of the
oes United States 2nd who shall not have at
," Iained the age of3l years;and 3rd, who shall
ion mt have resided within the United StSte,
nyI 1t years lCon. Art. ii, z. /, cl 3 Amd't
I'D Nil al rDd.l - also votes cast for per-
il, sou Hhn was notliylng at the time when they
II, waro cast, will be he,i void sDi he rejeetod.
Co. Tnis wa~ decided in 1879, with reference to
.re thr,r electoral ;rtc7 cat fer Horace Greeley
,a. nv Ete,tn,s uG the SEa'e Of Georgia, upon
"a. obj.c'on made in the iyiag meetHg oCt.c
,;,I t,t, !iuu,s. ny Mr.. ijcer &C Massachusetts,
md ina decision as Nude hy The iouse a
n,pr.>, nla:iy-. 49, euus,,& in lint meet
iIs, r..ti,.flv cn.- .e,. Ire i.oiuI Of the powsi
iott~, GuG--o 80 l-e,do qac,tons Of tAi
a.. v!igiri ty Of e.Yd,i,sr vn'od t)r," ami, ais
jl. point that The lru-c, may take n1gics ol
SO. ,l,a.h of a cand,ia'a a. u historical fact
80 with ,ol puLcuD,r prot oi the same. Cong
.l.o uo'e, 49, ,, pr, 1858, l29) Iiths STATE
w .; N.Aur,, At the !lse election, bad cat its
M t,N electoral yo'c- ipr Carl Shurz for President
- or Vi,r Pres tl.,, they would have been
.,1n panly unconstitutional aud rfjectsble by
the two Houses because he is not u native
bprn citizen Of the Uaited States.
tha 3, Votes cast in an 'midwtW manner Th'
aJ Constitution commands the Electors to ca.
H. their votes in certain manner, tAmdf
Li Kill and that manner is to be observed
.I They are to vote by ballot--it is not said hy
~ secret ballot but that is probably intended
80 their ballots iorPresidsnt andVice President
~, are to be distinct or separate, each contain
ii; ing the name of the person voted for--ant
they are not to vote for inhabitants of thei
a. own State for botl offices. 1t has been de
~ cided, however, that electoral votes will no
be rejected because the certificate of return
~ does not set forth that the Electors voteC
by ballot, Cong, Globe, 1928, PIP. 1887
l29S,l for in the absence Of evidence to tn,
tha II. Al. 4