The New York herald., 1876-12-05
THE POWERS OF CONGRESS
Opinions Of Chief Justice Marshall, Randolph,
Pinckney, CalIatin and Others.
DUTIES OF THE VICE PRESIDENT
An Interesting Resume On an
Important Topic.

|
was slowly but surely sinking under the weight OF q
popular odium provoked by the njudicious measures
oil John Adams Yet It precisely at this uncture
that the supporters Of his brought for
ward plan IN Congress for the purpose OF settling
certain disputed questions which might in regard
to the election OF a President In the debate which
upon this plan the OF the Electoral Col
lege TO Congress- and the assumed right OF the latter
10 pass judgment upon the awfuncss and admissible
ity OF the votes cast by the former were passed in
formal review by of the ablest among carly
statesmen, embracing such names as those OF John
Marshall, Robert GoodIoe Harper, Henry Lee lLight
| Horse Harry'') James A. Bayard, Thomas Pinckney,
Charles Pinckney, Albert Galatin, Nathaniel Macon,
John Randolph. OF Roanoke, and others.
IL has seemed that review Of the debate which was
then conducted this topic could hardly fail 10 in-
terest the reader especially the subject likely to
form tho staple Of much discussion in Congress at its
present session. The following q careful compa-
tion from the Aunals OF Congress- for 1799-lS01 and
from other authentic sources OF the proceedings had
at that time this toplc:-
THE PRELIMINARY DEBATE.
During the first session OF the Sixth Congress- the
2ad Of January. lsoo Mr James Ross. Senator from
Pennsylvania, submitted tho following resolution
/ the consideration OF tho Scnate:-
Resolved, That committee be appointed to consider
and What provisions % oash. to be by lay
dent states. determining the legality
ent States
| On motion amond the resolution by providing
'that the committee be authorized to report by bill
otherwise" debate sprang up which disclosed at
once wide diversity Of opinion upon the subject in
question Mr. John Brown, a newly appointed Sen
from Kentucky. expressed the opinion 'that this
subject which Congress had right TO logis-
late" Ifanything TO be done in the premises 'it
IN 10 nj % n
| stitution"
MI. Ross argued in favor OF the legislation pro-
posed. He said:-Suppose persons should claim 10
be electors who had never been properly appointed
Should their vote be received? Suppose they should
for person to be President who had the age
required by the constitution. who had not been long
enough citizen resident OF the United States
two persons who both citizens OF the State
Such might happen, and wero very likely to
happen and is there no remedyS What q situation
would the country be in II such to happen!
He thought it their duty to make provision tor It, and
he believed q law sufficient
Mr.. Charles Pinckney. Senator from South Caro-
lima questioned the constitutonality OF such legisa
ton. He remembered very well that in the Federal
Convention, OF which he had bcen member, great
caro- usod provide for the election President
OF tho United States Independently OF Congress- 10
ako the business far possible OF their nands
The votes be givon by electors appointed Tor
that express purpose tho electors to bo appointed
by each State, and the whole direction the man.
OF their appointment R given to the State Leesa-
turcs Nothing clear to him than that Con-
gress had no right to meddlc with it ut all, tho
whole intrusted to tho State Legislatures. They
must make provision Tor all questions arising the
occasion.
Mr. Samuel Dexter of Massachusetts,, sdd not feel
himself at all in doubt as to the right OF tho Legisa
turc (Congress) to make such provisions this sub
ject appeared TO be necessary 1t directed by
the constitution that President should be appointed,
that he should be OF less than thirty years OF
that he should have been at least fourteen
citizen OF Ia resident wthnl the United States &c.
The proceedings in tho election Of President may
defective in all these particulars, be sup
posed that there is no way to come at thcmf Tho
constitution not silent on this head Among tho
powers given Congress in the fifth section Is this
TO pass all laws necessary and proper Tor carrying
into execution the foregoing powers, and all other
powers vested by this stituton In the government
of tho United Statcs IN any department or officer
thereof The law proposed be ncces-
sary carry into effect the power OF appointing tho
President 1t is, therefore, clearly constitutional"
Mr.. Livermore, OF New Hampshire, .never clt less
4ubt on any subject than the now under consd-
GRAFTON. The constitution has given many directions
the appointment Of the President Is possible
that gentlemen suppose all these may be violated
and disregarded, and yet that II is nobodys business
to nierpose and make provision 10 prevent ity''
Mr.. Abraham Baldwin, Of Georgia, questioned both
the necessity and the constitutionalty OF such egsa
ton He held that the electoral colleges in the
spective States entitled 10 judge concerning
elections, returns and qualifications OF Their
independently oi Congress; that the pre-
sumed The Legality and consttutionaty OF their pro-
ccedngs equally with tho legality anu consttutonaity
Of the proceedings OF Congress without allowing 10 the
ater any superiority control over the ormer; that
these cocgcs authenticated their own acts that their
entcaIi ION was mai, and, SUCH was binding
Congress. Hence he held that the only possible ques
lett open tor tho adjudication oil Congress in the
premises was that the two houses ..wnen met TO-
gcthcr votes ngreeaby 10 the
should judge OF the autncncaion OF the ACT OF the
electors aud should then proceed and count the
1t will be seen al once from this preliminary debate
that Senators divided upon the question at issue
ccrd.ng 70 their political prcdiiecsous. The iedcrasts
favored tue measure, and the republicans the demo-
Gratis vi tnat Date opposed H. The former maintained
It's ropriety aud It's consttutonality IN the name Of
the powers granted for the tbs federal
government IN all IT'S just rights and prcrogatvcs The
such legislation as beng extra constitutional and
Involving cncroachment ON the reserved rights OF
the sovereign states, TO wnose Legislatures the cons
had reunited the power of appointing electors
| without restrictions imposed by Congress.
COMMITTEE
On the l4th of February following, Mr.. Ross, as
chairman OF the committee appointed undcr the reso
luton which he had introduced reported bill 'pre
scrlbng the mode OF deciding disputed elcctons OF
President and Vice-Presdent uf the United states
The bill provided that all disputed questions arising
| on such elections should be exam med decided aud
reported to Congress, by grand committee composed
o Twelve members, six 10 DC appointed by the Senate
ana SIX TO be appointed by the House Of Representa-
tivcs with the Chief Justice oil the supreme Court or
In absence, wIih the next scnor Justice Of the SUI
premc Court Tor the presiding officer OF tho committee
The members Of the committee were to DO chosen by
ballot IN each House. A proposition that the mein
bers should be selected by 10. was ncgatived on the
2otn OF February, $500, by the vote OF eighteen
senators against nine. subsequent amendment
offered March 3, to the elect that each House
mittcc from twenty0u members chosen IN each
house by lot also rejected by vote of yeas and
"a nays. The bill first reported, provided tnat any
electoral vote might DO rejected by majority OF tho
joiut co0mittec An amendment, that "such Rejection
shall founded on a two-lhirds oil the