The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1876-12-28
THE GAZETTE.
VIM. 8. HERRIoTT.
Redw.md Falls Dec. 26th 1876.
I'D. GAZETTE
Dear Sir.
Edft0r and Publisher.

|
Ed. GAZETTE
Dear Sir:
At your request | have consulted
auch authorizes as the meacre lav
libraries of this Village afford tor tn,
rurp~e' Of for"ishi"g, for publication
10 your paper, q" entirely u"pa''i.ar
view OF th; law re!sliux t" tn. count
'"g OF the elect"ral vote recently ca>|
tor Pre*i]en. and We President o.
the United states; .nd, als.,, the La
controlling the comp icati"a, gro~iirp
"ut Of the Ac,i,n vi the Governor OF
Oregon in refusing to grant . c~',i6
cate Of electi"n 10 one Watts and
granting tte ssme to "ne I rouin, un
DIR circumstances familiar to tho
Country.
The 6rst question, that Of counting
the vote, turns entirely upon The con.
-rrnc'h'n to be given to = clause uf
Art: II Of the Federal Constitution,
~hich reads Us follows.
THE President Of the Senate shall.
in the presence Of the S.na,e aud
tl"nse Of Representatives, open al the
certificates. and the votes shall then BE-
cou"trd; the person having the greate-t
number Of v"tes for President shall be
Ii. President, il .uch numter be a MA
jor,t, ui tho whole nu uDber Of electors
! sPpointrd." For the purpose ofsho~ing
the esrp'ica'i'n> OF the law cited below
wiK here brief state the a:ti' ude ss
sumed by the respective political pr
ties NJ tue present ti'ue c""ceruing the
Ill important Question Of COUNTING the
electoral vote.
First. it is the declared purpose Of
the Republican leaders in Congress.
with respect to the question, that said
vOts shall be counted from the lace Of
the returns by the Prc>ideat Of the
Senate and. in the event Of . q"estio"
being raised between said officer and
Congress, or any committee Of Con-
gress, touching the regularity or val.
Idly Of sny returns fro" the Eject"
raj College, the President o. the Sen
.,e is to decide the question and Re-
ceive or reject the returns. as b. may
determine; aud fom his decisions.
upon any questions arising out Of the
sui i-ct matter, there is no couSt:tu
ti"nal nor legal appeal. This state
ment epi'omises the view Of the Re.
publican leaders ~ I" the construction,
:" be placed upon the clause Vi the
Co"s'" u,ion above 1noted.
On the other hand, the Democratic
leaders place Il widely different con.
II, ructio" upon the ssue Clause. They
eoncede that the President of the Sc"
ate, actin. az u mere ministerial
officer. shall count the electoral vote,
but in case Of q,sst'"n arising, IN
vo'viog the regularity ar legal va'id'' .
", Of y return. then Congress is to b:
the 6ral arbtter OF the question. |"
br'et, the q',e-,io" is o"s OF jar'-d'c
ton. Does the United STATES Con
s,i, ution, in the c:au.e ab"ve quoted
lodge: the counting pow'r ia Cu"sress
ur does that instrument dev,ive ths,
power aud dury upou the President q
the Senate?
The late venerated Chancellor Kent
than whom ~ able cnmmeGtator up.'n
American law has ever written xnI
~h"es decisions, while sitting rs ,
Court 1t Eq'.ity "'t less thar his pub
l,sh. i trcat'-es upon law r.a.c's last
iny honor upon the American name
in VII Que page 277 oi his c"mmruts'
lies ip discussing the cl'nse IF th'
Constitution above q,,tel, uses tn.
following ltngruye.
Tho Constitution does not express!y
d clare by whom the votes arc to h
counted and the result declared. Il
the case Of qas*tio. tb'e V>tss, oai d
cles II cont. Ell clectio". this powr
may be ali important; aud presume, II
the absence Of all Legislative pr"visis :
on the suhject, that the President .
the Senute counts tie co'es, amt deter
mi.es the result, AMI tint tie tue.
ll~xses are pves~"t only as spectators II
witness the fairness aud accuracy o
the Transaction. aud to act only IT ne
choice be msds by the electors"
The facts in the Oregon muadle ar
these. Watts sud Cronin were bot:
candidA'es for the ofi:e of Elector i,
the Electoral ColIeye Of that State
Watts received = m.j:'rity OF the votes
hut on election day he was post mas
ter aud the Governor assumed tn
right to decide, and did decide, ths
the holding Of the Office Of pos,-maste
disqualified Watts from acting AS al
Elso.or aud refused him = cirt III cate
granting = certificate 10 Cronin who Il
before stated, received only minorit.
Of the votes cast at the polls Thi
state ment raises simple question q