The weekly Thibodaux sentinel and journal of the 8th Senatorial District. [volume] (Thibodaux, Lna. [i.e. La.]) 1875-1898, 1876-11-25
Counting the Electoral vote
Opinion Of Judge Campbell

OVs"tV" """S~
In reply to inquiries made OF
me by the Times relating TO II
pending election for President
and Vice President of the United
States, I answer:
Every act performed by any
voter, officer, legislative body, OF
elector must find its sanction IN a
provision of the Constitution or
the United States, "r a law Estate
or Federal made under its..author
ity.
Surprising the electoral coll
leges to be filled by qualified cleo
tors. a majority of the whole mum
Der appointed must concur III 1a>
vor Of one person to elect him.
The suppression Of the vote OF Il
State or of an individual elector
as not qualified, will not change
the rule. | understand the word,
in the twelfth amendment OF the
Constitution to signify that not
less than a majority of all the cleo
tors whom the laws require to be
appointed will be sufficient to
elect him. In the present election
some candidate must have one
hundred and eighty;fve votes.
The history of this clause us
shown in 3 Madison Debates,
1897 1903, proves this. If neither
of the candidates should have a
sufficient number of votes, a maj
GRITTY of all the States, through
their representatives i'll Congress,
are required.
In no event can the present in
: cumbent hold over. He is elected
f for a term of tour years, nor can
! Congress,n nor any other authority
enlarge that term. The trainers OF
! the Constitution have not com
mittpd the fatal error of tempting
|, an incumbent of that ~office,to nse
the army, navy, and patronage
of the Government to prolong
the period of his power.
My opinion is that neither the
q Vice President, nor the President
! of the Senate has any duty to pei
= form in respect to the election OF
. President and Vice President, eS
:, cept to receive from their E!ecto
!, ral College their certificates. and
to lay them before a joint Sc:
:. sion of the Senate and House O
: Representatives. The counting is
~ to be done under the authority o.
= the joint sessions OF bodies thus
a organized, they preserve thei
"a separate organization and act 81
s. parately. Their concurrence is II
~ cessary to any order or act.
- The Twenty>second Rule is ont
g of procedure. No joint rule coul'
II modify the Constitution, and
% legislation be required TO execut
% the Constitution, an act of Coz
gress is necessary for the pu
~ pose.
20 The decision by Congress so a
90 sembled is necessary tor the d
Il termination of the facts contai
- ed i'll the electoral returns. If lb
A. Congress decide there is no ele
~ ton, each House is clothed wit
the power to make One-the Sc
ate elects the Vice Presiden
the House of Representatives til
the President. AS the two House
~ of Congress must concur in a co
Jul clusion that all election in tn
Mt electoral College has been mad
On and as eachs House has an impt
OIL tant duty to perform in case a
ID election has failed in those G,
leges, it follows that they mu'
H. have power to examine the e,
dence submitted to them an
~ make up a Judgment of the r
suit of the examination. The gu,
tons whether the Electo;
ng are qualified, We're legally a
OF pointed, had performed their d
us ties under the laws, aud that pre-
ne er returns had been made are on
It's tons which may arise aud mu
ms be decided.
lty / do not know how the lie
sion of Congress upon the subie
can be contested under any ext
| a ing law.
on If the joint session be unab
to declare that some person h
AZ, been elected President and vi
President, then each House In;
proceed to make the elections
'ef those officers, and / know of
Gu authority to impeach their &C
JOHN A. CAMPBELL.