, 1876-12-19
COUNTING; THE ELECTORAL VOTES.
Tn khk EHfar nf Tit 1'tIbHne

CHICAGO, Dec. 1s.-1t llns hrcn assumed that
Congress " may by Joint rule, having the farce
Of law, prescribe regulations governing the pro-
ceca!ugs to count tho Electoral votcsl to meet
tic contingency not provided for by thc Consti-
tntion of defective returns, contested elections,
and returns from States whose rights to vote at
Ill mny be questioned" Can this bo 40, md yet
proscrvc tho powers untmpaIrcd vested by tl!o
Constitution. III the President OF the Senate, to
oprn thu certificates Of thu Electoral votes re-
turucd by the statcs aud the ,nundate
Of the Constitution that neg shall bc
counted. and tho person having a'nn}ority OF the
votes Of all tile Electors shall be the
rresldcntl How can thu power, expressly
vested III tho President Of the Senato by tic
Constitution, to open mud count thu Electoral
votes, be controlled or abridged by any rulr or
Inv of Cungrcss3 I1ow Gun the constitutions!
duties iulnOHcd on hin ho exercised ur shared
by Congreas Ut my uthGr ol!ircr or department
u Government without unauthorized usurpa-
t4ouY
True, Ills duties nrc to bc performed In the
pr<ye,.cs of thu 4unate aud House Of Ruprcsenta-
lives. They arc present, not as jnnt or co-act.
inE i,t!cs With the Prcsslen. ol thu Senate, but
simply as witnesses oE tho performance OF his
constitutional @ datSs, but ,x,i;. ih;a''uE H. H.
/ ruct tliu performance of his constitution.
| lilly Imposed duiira than would tau persons
aufllDrizetl hy some States tu bc present at tho
ennvassinE OF votes at M clgstIon liaVs tlle
ii tlleir duties. By the sesenty-clgltl! scestun
Of tho Election law Of our State, the Secretary
Of State, Auditor, Treasurer, u1ltl Attorney.
4cucrnl ara reQllrrd, In tic prcscnca VI the
tiyes III Congress, ITS, an!t dec1arc tho persons
having tho highest Humber ot votes elected,
wllu.u tho aoyeruur H. sroquirel to coH,nllsston.
Tic Governor can take no part III the canyRss oi
| u. IT, In sJ1tff
IL to bu present Us wltnesa of tle cxccutlut. u
tl.u duties ot tho officers reu,slred py the INV ~
CANVASS tho votes aud determine the result
aul,inlt that Congress- cail NO more usurp Or In
rs tnv nSwsr' u s ss.ts. ~ ss Il uess ny
counting the Electoral votuA than It can inter'
fcrc witt, or ahrdge the right tuci,oosc Electors
or to determine the mnNucr Of counting ~
tional rights, with which Congress caunot Inter
There can be no Joint rules OF Congress A.
| plleable to such meeting. No constitutional
duty Or power ts conferred upon slt!inr LOUIS
performance Ut the duties imposed by the Con 70,
stItutlun upon tho President Ut The Senate. TN
act to be duno IL ono outside ut lagislatloIl, ant
whatever power Congress assuInta over the sub
Jet IL nl.ist bu abls to put its finger on th'
grant Ut It. Congress may, ulluoubtealy pro
YiIs by Joint rule thu tImo when and tho man
ner in which It will mcct TO Wfttcss tho count
ltlt Mllen InNI l3lIlltcu Autf N pGA I'VE P10
scrllcl duty 10 ondca.
1t would be u IlOst dangerous power TO lodgt
IN Congress, or In either House, the right I,
question or exclude Electoral votes, aud nigi,
result In deprlyfng tAe people OF tho eonstitu
1,tionnl right to elect tho President and tFanatc
II to tho lIuuko Of Representatives LII case
mover contemplated by the Constitution. lnl
prlled by tho lust of power, or thu passion 10
party tfiuInph, = majority OF both or clthc
| ilouha nigha, or one trUmped-up pEeteuaa Q
another, wrouglully, for no just cause, e1clud
enough votes to throw Tic election Into IN
| House, and dufeat tho e1prossetl will of tn
tcopie. II would le a Monst!ous power
dangerous temptation. full OF peri
Or both ilousss of conxress to exclude enouy
riNht % to 4 elect @ The Fsesislcnt. Dy their own &c
they could thus dlsfraneh!se tho people, an
substitute taemselyls tu the place Of the Elect
ors they had excluded. 1t would bs NO NOR
dangerous Or Indecent to constitute tae Retur.
Ing Board ot IN election OF one act OF oppo.in
| csul!datus, with power " exclude votos give
for their opponents, by doing which thcy conl
insure their own election It - 1tsparagtug
tho foresight znd Intelligence OF tn
ftamera Of ths Constitution to suppose tug
ever Intended to place 10 dangerous tempt
| t!ou before tho House Of Representative
tbs power tu unseat tho Electors, and,
effect, elect themselves To I'LL the ottlco fro
, | which they had excluded them. II WIS TO ayo
| such dangers and consequence that the fTAlne
, | OF the Constitution created 8 conSt1tut1on'
| officer to execute tbs duty pf counting and